R v AHMAD, Youssef; R v EL-KHAIR, Mohommed [2018] NSWDC 406

District Court New South Wales

Medium Neutral Citation: R v AHMAD, Youssef; R v EL-KHAIR, Mohommed [2018] NSWDC 406 Hearing dates: 9 November 2017; 9 February 2018 Decision date: 06 April 2018 Jurisdiction: Criminal Before: King SC Decision: AHMAD: Convicted. Sequence 12: (s166) Sentenced to a fixed term of imprisonment for 6 months commencing on 9/6/16. Sequence 4 (+ Form 1 Matter - Sequence 11) Sentenced to a fixed term of imprisonment for 2 years commencing on 9/9/16 and expiring on 8/9/18. Sequence 5: Sentenced to a term of imprisonment for 3 years commencing on 9/6/17. Sequence 6: Sentenced to a term of imprisonment for 5 years commencing on 9/6/18 To be released to parole on 8/6/21. The balance of term of 2 years will expire on 8/6/23. The practical effect is a total sentence of 7 years imprisonment with a 5 year NPP and a balance of term of 2 years. EL-KHAIR: Convicted. Sequence 5: Sentenced to a term of imprisonment of 4 years and 6 months commencing on 9/6/16. Sequence 2: ( + Sequence 3 - s16 BA Certificate taken into account on sentence imposed.) Sentenced to a term of imprisonment for 6 years commencing on 9/6/17. I make an order for his release to parole on 8/12/20. The practical effect is a total sentence of 7 years imprisonment with a NPP of 4 years and 6 months and a balance of term of 2 years and 6 months. Catchwords: CRIMINAL – Sentence - dishonestly obtain a financial advantage by deception - intending to defraud by false or misleading statement - attempt to possess a marketable quantity of an unlawfully imported border‑controlled drug - possess prohibited drug – subjective matters Legislation Cited: Crimes Act 1900 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Drugs Misuse and Trafficking Act 1985 Cases Cited: Bugmy [2013] HCA 37 Fernando (1992) 76 A Crim R 58 Olbrich v The Queen [1999] 199 CLR 270 Thomson & Houlton (2000) 49 NSWLR 383 Wong v R; Leung v R [2001] 207 CLR 584 Xiao [2018] NSWCCA 4 Category: Sentence Parties: Regina AHMAD, Youssef EL-KHAIR, Mohommed Representation: Counsel: Crown: Ms J Katrib Ahmad: Mr G James AM QC El-Khair: Mr G Scragg