R v Hussein [2021] NSWDC 835

District Court New South Wales

Medium Neutral Citation: R v Hussein [2021] NSWDC 835 Hearing dates: 19 March 2021 Decision date: 26 March 2021 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matter taken into account Special circumstances found – to re-establish relationship b/w NPP & parole periods Sentenced to: Indicative sentences of imprisonment: SEQ 1 + FORM 1 (SEQ 18): 3 years SEQ 2: 6 months SEQ 8: 18 months SEQ 15: 18 months SEQ 23: 9 months s166 (related matters) SEQ 5: 1 year SEQ 13: 1 year SEQ 19: 6 months SEQ 22: 6 months Aggregate sentence of imprisonment: Sentenced to a term of imprisonment for 5 years and 6 months with a NPP of 4 years to commence on 12.6.2020 and to expire on 11.6.2024, upon which date he will be eligible for parole, and a balance of term of 1 year and 6 months to commence on 12.6.2024 and to expire on 11.12.2025. Forfeiture orders made as per orders handed up in court today, placed on the court file Catchwords: CRIMINAL – Sentence – supply prohibited drug on ongoing basis, methylamphetamine – supply prohibited drug, cocaine – police pursuit - break & enter, commit serious indictable offence, supply prohibited drug – deal with property suspected of being proceeds of crime – Form 1 & s166 matters – subjective matters – aggregate sentence Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Bugmy v The Queen [2013] HCA 37 Callaghan v R [2006] NSWCCA 58. R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v McVittie [2002] NSWCCA 344 R v Moffatt (1990) 20 NSWLR 114 Category: Sentence Parties: Regina Hussein, Ahmed Representation: Counsel: Mr E James - Defence