R v Nassim Eid [2017] NSWDC 69

District Court New South Wales

Medium Neutral Citation: R v Nassim Eid [2017] NSWDC 69 Hearing dates: 3 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: 1. The offender is convicted; 2. The offender is sentenced to a term of imprisonment of 3 years and 4 months comprised of a non-parole period of 2 years 1 months and an additional term of 1 year and 1 months; 3. The offender will be eligible to be released to parole on 24 February 2018; and the additional term will expire on 23 March 2019; and 4. The sentence is to commence on 24 November 2015. Catchwords: CRIMINAL LAW – drug offences – supply less than commercial quantity of cocaine – high purity

SENTENCE – just below mid-range of objective seriousness – aggravating factors – financial gain – conditional liberty – mitigating factors – early plea of guilty – remorse – previous drug use – commencement date of sentence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 5(1), 21A(2), 21A(3) and 32(1) Crimes Act 1900 (NSW) s 193C(1) Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), 29(a), 32(1), and 43 Drug Misuse and Trafficking Regulation 2011 (NSW) Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002 (2002) 56 NSWLR 146 Hutton v R [2008] NSWCCA 99 Frigiani v R [2007] NSWCCA 81 R v Clark (Unreported, NSW Court of Criminal Appeal, 15 March 1990) R v Dang [2005] NSWCCA 430 R v Henry (1999) 46 NSWLR 346 R v Selim (Unreported, NSW Court of Criminal Appeal, 19 May 1998) R v Shi [2004] NSWCCA 135 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 R v Yildiz (2006) 160 A Crim R 218; [2006] NSWCCA 97 Wat v R [2017] NSWCCA 62 Vu v R [2006] NSWCCA 188 Category: Sentence Parties: Regina (Crown) Mr Nassim Eid (Offender) Representation: Solicitors: Solicitor for the Director of Public Prosecutions (Crown) McGirr Lawyers (Offender)