R v Kaddour [2020] NSWDC 607

District Court New South Wales

Medium Neutral Citation: R v Kaddour [2020] NSWDC 607 Hearing dates: 1 July 2020 Date of orders: 2 July 2020 Decision date: 02 July 2020 Jurisdiction: Criminal Before: Bright DCJ Decision: Aggregate term of imprisonment of 12 years and 6 months with a non-parole period of 7 years and 6 months Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity SENTENCING — Mitigating factors — Good character Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney General's application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Cahyadi v R (2007) 168 A Crim R 41 Imbornone v R [2017] NSWCCA 144 Category: Sentence Parties: Regina (Crown) Ahmad Gezar Kaddour (Offender) Representation: Counsel: Mr P Lange (Offender)

Solicitors: Mr G Whitaker instructed by Ms M Watts (DPP) Mr M Ayache (Offender) File Number(s): 2015/00239598 Publication restriction: Nil

Judgment 1. The offender, Ahmad Gezar Kaddour, 57 years of age, appears for sentence in relation to the following two offences: 1. Manufacture large commercial quantity of a prohibited drug, namely 15.32 kilograms of 3,4‑Methylenedioxyamphetamine (hereafter MDA) (date of offence between 1 May 2015 and 16 August 2015), an offence pursuant to s 24(2), Drug (Misuse and Trafficking) Act 1985 (NSW) and; 2. Knowingly take part in the manufacture of a large commercial quantity of a prohibited drug (616 grams of MDA) (date of offence 16 August 2015), an offence pursuant to s 24(2), Drug (Misuse and Trafficking) Act. 1. The maximum prescribed penalty for each of those offences is life imprisonment. There is a prescribed standard non-parole period of 15 years' imprisonment. 2. When dealing with the offender for the offence of knowingly take part in the manufacture of a large commercial quantity of a prohibited drug, the Court is taking into account a further four offences on a Form 1 of possess precursor with intent to manufacture a prohibited drug pursuant to s 24A(1)(a), Drug (Misuse and Trafficking) Act as follows: * Sequence 4, possess precursor 3,4-MDP2P with intent to manufacture a prohibited drug MDA. * Sequence 5, possess precursor, Safrole, with intent to manufacture prohibited drug 3,4-MDP2P. * Sequence 6, possess precursor, Palladium with intent to manufacture prohibited drug, 3,4-MDP2P. * Sequence 7, possess precursor, Formamide with intent to manufacture prohibited drug, 3,4-MDA. 1. The offender pleaded guilty to all offences on 27 February 2017 at the Moree Local Court. Having regard to the timing of the pleas, I propose to allow a discount on sentence of 25%. 2. I note at the outset that the Court has been advised that charges were laid in relation to a co-accused, David Rafter. That matter proceeded to trial and he was found not guilty. 3. The offender has been in custody since his date of arrest on 16 August 2015. Accordingly, the sentence imposed today will be backdated to that date.