R v Dahmoul [2019] NSWDC 920

District Court New South Wales

Medium Neutral Citation: R v Dahmoul [2019] NSWDC 920 Decision date: 20 September 2019 Jurisdiction: Criminal Before: Payne DCJ Decision: Aggregate sentence of six years, with a non-parole period of three years Catchwords: SENTENCING – drug offences – supply prohibited drug (cannabis) – supply prohibited drug commercial quantity (3,4-methylenedioxymethylamphetamine) SENTENCING – subjective considerations on sentence – drug addiction – subjective considerations on sentence – hardship Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985, ss 25(1), 25(2) Category: Sentence Parties: Regina (Crown) Akram Dahmoul (Offender) Representation: Counsel: W Shukoor (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) File Number(s): 2017/298699

Judgment 1. In relation to this matter, Akram Dahmoul comes before the Court in respect of two offences. He pleaded guilty to each of those offences. The first offence is that he on 3 October 2017, at Darlinghurst in the State of New South Wales, did supply a prohibited drug, namely 20,519.4 grams of cannabis. This offence is contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The second offence is on 4 October 2017, at Ultimo in the State of New South Wales, did supply a prohibited drug, namely, 246.4 grams of 3,4‑methylenedioxymethamphetamine being an amount which is not less than the commercial quantity applicable to that prohibited drug. This offence is contrary to s 25(2) of the Drug Misuse and Trafficking Act. 1. In relation to count 3, he pleaded not guilty and it was in the event placed on a Form document. 2. The maximum penalty prescribed for the offence contrary to s 25(1) is 10 years imprisonment and/or a 2,000 penalty unit fine. The maximum penalty for count 2 is 20 years imprisonment and/or a 3,500 penalty unit fine. There is a standard non-parole period prescribed in relation to that offence of 10 years. 3. In addition, he asks the Court to take into account on a Form in sentencing him in relation to count 2 on the indictment, the following offences: Deal with suspected proceeds of crime, $184,350 in cash, s 193C(1) Crimes Act 1900; supply prohibited drug lysergic acid, less than the commercial quantity, s 25(1) Drug Misuse and Trafficking Act; possess prohibited drug, 1.42 grams of tetrahydrocannabinol, s 10(1) of the Drug Misuse and Trafficking Act; and a further offence of deal with the suspected proceeds of crime, $680 in cash, s 193C(2) of the Crimes Act. 1. Each of those offences are said to have been committed, in respect of the first deal with proceeds of crime, 4 October 2017, and the next three, 3 October 2017. It should be noted that the prohibited drug was two tabs of lysergic acid. 2. I will take those into account when sentencing him in respect of count 2 on the indictment. 3. He was committed for trial on 10 September 2018 from the Central Local Court. He pleaded guilty on 21 June 2019. By that time though a trial date had been set for 1 July 2019. In my view the utilitarian value of the plea is 10 percent. He has been in continuous custody since 3 October 2017.