R v Tommous Elchiekh [2013] NSWDC 238

District Court New South Wales

Medium Neutral Citation: R v Tommous Elchiekh [2013] NSWDC 238 Hearing dates: 7 August 2013 to 15 August 2013, 25 October 2013, 8 November 2013 Decision date: 08 November 2013 Before: Mahony SC DCJ Decision: Aggregated terms of imprisonment. For orders see [64] Catchwords: Sentencing; four counts of deemed supply; Aggregation of terms Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Confiscation of Proceeds of Crimes Act 1989 Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Amendment (Standard non-parole periods) Act 2013 Cases Cited: R v Todd [1982] 2 NSWLR 517 Pearce v The Queen (1998) 194 CLR 610 R v Wong [1999] NSWCCA 420 Mill v The Queen (1988) 166 CLR 59 at 63 Luu v R [2008] NSWCCA 285 R v Rae [2013] NSWCCA 9 Maree Collier v R [2012] NSWCCA 213 R v Clark [2009] NSWCCA 49 R v Kama [2000] NSWCCA 23 R v Fidow [2004] NSWCCA 172 Category: Sentence Parties: The Crown Tommous Elchiekh - Offender Representation: Director of Public Prosecutions - D Robinson For the Offender - P Nematalla File Number(s): 10/402429 Publication restriction: Nil

SENTENCE 1On 15 August 2013 the jury delivered verdicts of guilty on four counts with which the offender was charged, namely: "Count 1 - On 30 May 2005 at Meadowbank in the State of New South Wales supplied a prohibited drug, namely, methylamphetamine, in an amount not less than the commercial quantity applicable to that drug, namely 294.28 grams. Count 2 - On 30 May 2005 at Meadowbank in the State of New South Wales supplied a prohibited drug, namely, 3, 4 methylenedioxy-methylamphetamine in the amount of 11.05 grams. Count 3 - On 30 May 2005 at Meadowbank in the State of New South Wales supplied a prohibited drug, namely ketamine, in the amount of 409.7 grams. Count 4 - On 30 May 2005 at Meadowbank in the State of New South Wales supplied a prohibited drug, namely cannabis leaf, in the amount of 1,689.1 grams." 2In respect of Count 1, the maximum penalty proscribed by s 25 of the Drug Misuse and Trafficking Act 1985 ("the Act") is 20 years imprisonment or 3,500 penalty unit fine or both. There is a prescribed standard non-parole period of 10 years in respect of this offence. In respect of Counts 2, 3 and 4, the maximum penalty proscribed by s 25 is 15 years imprisonment or 2000 penalty unit fine or both. 3The accused has been in custody since the verdicts were returned, and that time in custody will be taken into account.