Regina v Omar Kaddour [2007] NSWDC 335

New South Wales District Court

CITATION: Regina v Omar Kaddour [2007] NSWDC 335

HEARING DATE(S): Trial - 19/2/07 - 23/02/07 Sentence - 20/04/07 & 31/05/07

JUDGMENT DATE: 31 May 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Three years imprisonment with a non-parole period of eighteen months to be served by way of periodic detention.

CATCHWORDS: Criminal law - Sentence after guilty verdict - Deemed supply of a prohibited drug (2) - Supply for commercial purpose - Range of objective seriousness - Young offender (21yrs at time of offence) - First time in custody - Remorse - Hardship to third parties - Rehabilitation - Special circumstances - Periodic detention

LEGISLATION CITED: ss 21A, 66, 71, Crimes (Sentencing Procedure) Act 1999 ss 25, 29, 31, 39P Drug Misuse and Trafficking Act 1985

Regina v Gu [2006] NSWCCA 104 Regina v Nguyen (2006) 166 ACrimR 124 CASES CITED: Regina v Pilley (1991) 56 ACrimR 202 Regina v Ramos (2000) ACrimR 339 Regina v Simpson [2006] NSWCCA 117

PARTIES: Regina Omar Kaddour

FILE NUMBER(S): 06/21/3256

COUNSEL: Mr Howen for Omar Kaddour

SOLICITORS: Mr Williams for the NSW DPP

JUDGMENT

1. Omar Kaddour was arraigned before a jury at Campbelltown on 20 February 2007 charged with two drug offences. They were both offences of supplying a prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. They were both cases of deemed supply in that the offender had in his possession amounts of each drug that were not less than the trafficable quantity. Hence he was deemed to have the drug in his possession for supply in accordance with s 29 of the Drug Misuse and Trafficking Act because he failed to satisfy the jury by which he was tried that he had it in his possession otherwise than for supply.