R v Abdul-Hamid [2023] NSWDC 641

District Court New South Wales

Medium Neutral Citation: R v Abdul-Hamid [2023] NSWDC 641 Hearing dates: 3 October 2023 Date of orders: 3 October 2023 Decision date: 03 October 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of imprisonment of 7 years 3 months with a non-parole period of 5 years Catchwords: CRIME — Drug offences — Possess prohibited drug for the purpose of supply — Greater than the commercial quantity — Direct criminal group — Proceeds of crime CRIME — Violent offences — Assault police officer in the execution of duty TRAFFIC LAW AND TRANSPORT — Traffic law — Offences — Failure to stop, police pursuit — Speed limits SENTENCING — Aggravating factors — Breach of conditional liberty — Record of previous convictions SENTENCING — Guidelines for sentencing — Role of guidelines SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Co-offenders — Joint criminal enterprise — Parity — Deterrence — Form 1 offences — Objective seriousness — Purposes of sentencing — Multiple offences — Aggregate sentences SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Long term drug addiction — Mental health disorders — Harsh discipline during childhood — Childhood sexual abuse not proven Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Road Rules 2014 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Abbdul-Hamid v R [2016] NSWCCA 118 Attorney General's Application No 2 of 2002 [2002] NSWCCA 515 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; (2002) 56 NSWLR 146 Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301 R v Abbas [2023] NSWDC 281 R v Ristevska [2022] NSWDC 577 R v Tuki (No 4) [2013] NSWSC 1864 Trevana v R (District Court (NSW), 16 November 2022, unrep) Texts Cited: W Wan, D Weatherburn, G Wardlaw, V Sarafidis and G Sara, "Supply-Side Reduction Policy and Drug-Related Harm" (2014) 486 Trends and Issues in Crime and Criminal Justice: Australian Government Institute of Criminology 1 Category: Sentence Parties: Feras Abdul-Hamid (the offender) Public Prosecutions (NSW) (Crown) Representation: Solicitors: F Awada at Awada Legal (for the offender) A Hughes solicitor advocate for Public Prosecutions (NSW) (Crown) File Number(s): 2022/391482; 2021/204833; 2021/246414