R v Bellahcene; R v Perier [2022] NSWDC 573

District Court New South Wales

Medium Neutral Citation: R v Bellahcene; R v Perier [2022] NSWDC 573 Hearing dates: 16 September 2022, 18 November 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty – Mr Bellahcene 1 Mr Bellahcene is convicted. 2 I impose a term of imprisonment of 3 years to date from 8 April 2022. 3 Pursuant to s 19AC(1) Crimes Act 1914 (Cth), I order that the offender be released on 7 October 2023, having served 18 months of the sentence, on entering into a recognisance in the sum of $1 to be of good behaviour for 3 years.

Penalty – Mr Perier 4 Mr Perier is convicted. 5 For the state offence, taking into account the matters on the Form 1, I impose a term of imprisonment of 2 years with a non-parole period of 1 year to date from 8 July 2021. The head sentence will expire on 7 July 2023 and the non-parole period will expire on 7 July 2022. 6 For the federal offence, I impose a term of imprisonment of 2 years and 6 months to date from 8 January 2022. 7 Pursuant to s 19AC(1) Crimes Act 1914 (Cth), I order that the offender be released on 7 January 2023, having served 12 months of the sentence, on entering into a recognisance in the sum of $1 to be of good behaviour for 3 years. 8 The total effective term of imprisonment I have imposed on Mr Perier is 3 years with a non-parole period of 18 months. Catchwords: CRIME — Drug offences — Commonwealth offences CRIME — Drug offences — Possess prohibited drug CRIME — Drug offences — Supply prohibited drug Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code 1995 (Cth). Drug Misuse and Trafficking Act 1985 (NSW). Cases Cited: Bugmy v The Queen (1990) 169 CLR 525 Deakin v The Queen (1984) 58 ALJR 367 Hili v The Queen (2010) 242 CLR 520 Johnson v The Queen (2004) 78 ALJR 616 Power v The Queen (1974) 131 CLR 623 R v El Karhani (1990) 21 NSWLR 370 R v Nguyen (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) Karin/Karim Bellahcene (Offender) Dylan Perier (Offender) Representation: Counsel: D Jordan (Crown) P Baume (Bellahcene) G Brady SC (Perier)