R v El-Achi [2020] NSWDC 654

District Court New South Wales

Medium Neutral Citation: R v El-Achi [2020] NSWDC 654 Hearing dates: 15 October 2020 Decision date: 30 October 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Community correction order imposed. For orders see [61] Catchwords: Ongoing supply of prohibited drugs; deal with proceeds of crime Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: Cullen v R [2014] NSWCCA 162 Hanna v R [2015] NSWCCA 326 Kennedy v R [2020] NSWCCA 49 Parente v R [2017] NSWCCA 284 R v CBK (2002) 135 ACrimR 260 R v Fangaloka [2019] NSWCCA 173 Category: Sentence Parties: Director of Public Prosecutions (Crown) Elia Jean El-Achi (Offender) Representation: Counsel: Mr A Bellanto QC

Solicitors: Ms L Hawke (Crown) File Number(s): 20/1948 Publication restriction: Nil

remarks on sentence 1. The offender is to be sentenced in respect of two offences to which he has entered pleas of guilty as follows: 1. Sequence 7 - Ongoing supply of prohibited drug (cocaine), pursuant to s 25A of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty proscribed is 20 years imprisonment, and there is no Standard Non‑Parole Period. 2. Sequence 9 - Property suspected of being proceeds of crime, pursuant to s 193C(2) of the Crimes Act 1900. The maximum penalty proscribed for that offence is 3 years imprisonment. There is a related offence (Sequence 8) of possess prohibited drug, pursuant to s 10(1) of the DMTA on a Certificate pursuant to s 166 of the Criminal Procedure Act 1986.