NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v El-Rifai [2023] NSWDC 264 Hearing dates: 13 July 2023 Date of orders: 13 July 2023 Decision date: 13 July 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Hamza El-Rifai is convicted. 2 I impose an aggregate sentence of 4 years and 6 months with a non-parole period of 2 years and 9 months to date from 25 August 2022. The non-parole period will expire on 24 May 2025 and the head sentence will expire on 24 February 2027. 3 The offender will be eligible to be released on parole on 24 May 2025. 4 I take no further action on the breach of the CCO imposed on 26 May 2021 in the Bankstown Local Court. 5 I make orders sought in the Confiscation order signed by me and dated today. Catchwords: CRIME — Drug offences — Supply prohibited drug Legislation Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Cases Cited: R v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Rex (Crown) Hamza El-Rifai (Offender) Representation: Counsel: J Trevallion (Offender)
Solicitors: Office of the Director of Public Prosecutions (Crown) Abbas & Co Lawyers (Offender) File Number(s): 2022/151486 Publication restriction: None
JUDGMENT 1. Hamza El-Rifai (the offender) appears for sentence after pleading guilty in the Local Court to the following offences: Sequence Offence Maximum Penalty and SNPP H91036788 6 Supply prohibited drug not less than indictable quantity (151 grams methylamphetamine), contrary to s 25(1) Drugs Misuse and Trafficking Act 1985 15 years imprisonment 8 Supply prohibited drug not less than an indictable quantity (70 grams heroin), contrary to s 25(1) Drugs Misuse and Trafficking Act 1985 15 years imprisonment 10 Supply not less than a large commercial quantity of a prohibited drug (7903.3 grams 1,4-butanediol), contrary to s 25(2) Drugs Misuse and Trafficking Act 1985 Life imprisonment; 15 years SNPP 14 Dealing with property suspected of being proceeds of crime less than $100,000, contrary to s 193C(2) Crimes Act 1900 3 years imprisonment
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