R v Kammoun; R v Kammoun [2024] NSWDC 120

District Court New South Wales

Medium Neutral Citation: R v Kammoun; R v Kammoun [2024] NSWDC 120 Hearing dates: 4 March 2024 Date of orders: 5 March 2024 Decision date: 05 March 2024 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Abdullah Kammoun: Impose an aggregate sentence of 3 years and 4 months with an aggregate non-parole period of 2 years. The sentence commences on 25 August 2022 and expires on 24 December 2025. The non-parole period expires on 24 August 2024. Osman Kammoun: Impose an aggregate sentence of 3 years and 8 months and an aggregate non-parole period of 2 years and 3 months. The sentence commences on 31 December 2022 and expires on 30 August 2026. The non-parole period expires on 30 March 2025. Catchwords: CRIME – Drug offences – Supply prohibited drug – Indictable quantity Legislation Cited: S 25(1) Drug Misuse and Trafficking Act Cases Cited: Bugmy v R (2013) 302 ALR 192 DPP (Cth) v De La Rosa [2010] NSWCCA Category: Sentence Parties: Director of Public Prosecutions (Crown)

Abdullah Kammoun (Offender)

Osman Kammoun (Offender) Representation: Crown: Mr J Jones

Mr McMahon (Abdullah Kammoun)

Mr Barrack (Osman Kammon) File Number(s): 2022/253069; 2022/253141

Judgment

Introduction 1. The Offender Abdullah Kammoun is to be sentenced having pleaded guilty to the following charges: 2. That on 25 August 2022 in Lurnea he possessed the proceeds of crime being $41,815 in circumstances where he knew that the $41,815 was the proceeds of crime. That is an offence under s.193B(2) of the Crimes Act and has a maximum penalty of 15 years imprisonment. 3. That between 3 June 2022 and 22 June 2022 in Liverpool and elsewhere, he supplied a prohibited drug, namely cannabis leaf, that was above the indictable quantity and below the commercial quantity, namely, 5,517 grams. 4. That between 4 July 2022 and 31 July 2022 in Liverpool he supplied a prohibited drug, namely, cannabis leaf, that was above the indictable quantity and below the commercial quantity, namely, 4,186.2 grams. 5. That between 1 August 2022 and 24 August 2022 in Liverpool and elsewhere supplied a prohibited drug, namely cannabis leaf, that was above the indictable quantity and below the commercial quantity, namely, 7,691 grams. 6. The supply prohibited drug offences are offences under s.25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and have a maximum penalty of 10 years imprisonment and/or a fine equivalent to 2,000 penalty units. None of the offences have an applicable standard non-parole period. 7. When the offender is sentenced on the proceeds of crime offence, he asks that I take into account the following offences that are on a Form 1: 8. That between 12 and 25 August 2022 he supplied a prohibited drug namely cocaine, in an amount of 65.5 grams. 9. That between 3 and 24 August 2022 he participated in a criminal group whose activities were organised and ongoing and directed activities of the group knowing that it was a criminal group, and knew such participation contributed to the occurrence of criminal activity. 10. That on 25 August 2022 he supplied a prohibited drug, namely, cannabis leaf, that was above the indictable quantity and below the commercial quantity, namely, 449.9 grams. 11. That on 25 August 2022 he supplied cannabis leaf being 4.449 kgs. 12. Osman Kammoun who is the brother of Abdullah, is to be sentenced having pleaded guilty to the same offences as his brother. When he is sentenced on the proceeds of crime offence, he asks that I take into account the same offences as his brother on a form 1, except there is no offence of supply cocaine on his form 1. In relation to Osman Kammoun there is also a drive whilst disqualified offence on a certificate under s.166 of the Criminal Procedure Act. 13. In these remarks I propose to refer to Abdullah Kammoun as AK and Osman Kammoun as OK. I do not intend any disrespect in doing so, it will simply make the reading out of the remarks easier in terms of differentiating between the two offenders.