R v Hussanein [2020] NSWDC 468

District Court New South Wales

Medium Neutral Citation: R v Hussanein [2020] NSWDC 468 Hearing dates: 20 July 2020 12 August 2020 20 August 2020 Decision date: 20 August 2020 Jurisdiction: Criminal Before: Adams QC ADCJ Decision: Sentenced to a term of imprisonment of 4 years 3 months; non-parole period 2 years 3 months imprisonment. Catchwords: CRIME – sentence – supply prohibited drug on ongoing basis – methylamphetamine – cocaine – deal with property proceeds of crime – lengthy criminal record – onerous incarceration – traumatic events in early life – deportation not relevant – concurrency of sentence – totality of criminality. Legislation Cited: Crimes Act 1900, s 193C Crimes (Sentencing Procedure) Act 1999, s 32 Drug Misuse and Trafficking Act 1985, s 25A(1) Cases Cited: Daher v R [2018] NSWCCA 287 Category: Sentence Parties: Regina (Crown) Mohammed Hussanein (offender) Representation: Solicitors: Ms Soo Choi Ms Jeannette Fahd File Number(s): 2016/00242229 2016/00083301 Publication restriction: Nil

Judgment

Introduction 1. Mohammad Hussanein is before the Court for sentence on a charge that, between 28 February 2016 and 16 March 2016, at Greenfield Park in the State of New South Wales, he did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug, namely methylamphetamine, for financial or material reward. This is an offence under s 25A(1) of the Drug Misuse and Trafficking Act 1985 and carries a maximum term of imprisonment of 20 years and/or 3500 penalty units. There is no standard non-parole period. 2. The offender asks the court to take into account, under s 32 of the Crimes (Sentencing Procedure) Act 1999, an offence of dealing with property suspected of being the proceeds of crime ($13,700) under s 193C of the Crimes Act 1900. The maximum penalty for this offence is two years and/or 50 penalty points. It is a summary offence.