R v Elali [2019] NSWDC 187

District Court New South Wales

Medium Neutral Citation: R v Elali [2019] NSWDC 187 Hearing dates: 02 May 2019; 17 May 2019 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Criminal Before: Weinstein SC DCJ Decision: 1 You are convicted of the following offences: (1) Supply prohibited drug contrary to s25(1) DMTA (sequence 3); 2 Taking into account all the matters on the Form 1, you are sentenced to a term of imprisonment of 18 months. 3 Pursuant to s7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence imposed on you is to be served by way of an Intensive Correction Order. 4 The sentence will commence today, 17 May 2019 and will expire on 16 November 2020. 5 You must report to the Leichhardt Community Corrections Office as soon as practicable, but no later than 7 days from 17 May 2019. This means that you must report to the Leichhardt Community Corrections Office by 24 May 2019. 6 The standard conditions of the order apply, namely: (1) You must not commit any offence; and (2) You must submit to supervision by a Community Corrections Officer. 7 The following additional conditions apply: (1) A rehabilitation or treatment condition requiring the offender to participate in a rehabilitation program or to receive treatment for twelve months. The treatment program that Mr Elali is currently receiving with Ms Lisa Schouw at Marrickville complies with this condition. (2) An abstention condition requiring abstention from drugs, other than those prescribed by a medical practitioner. 8 I order you to undertake community service work of 75 hours. 9 I dismiss the charges contained in the s166 Certificate. 10 I make a forfeiture order with respect to the $1100 that was seized on your arrest on 25 May 2018. 11 All drugs that were taken by police from the accused on 25 May 2018 are to be destroyed. 12 If you fail to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or State Parole Authority. Those sanctions may include a formal warning, the imposing of more stringent conditions or it may include revocation of this order. 13 If the order is revoked you may be required to serve all or some of the period of your sentence in full-time custody. 14 You are now directed to attend the court registry where a copy of this order will be explained and given to you. Catchwords: CRIME – Sentence – Supply prohibited drug Legislation Cited: Crimes (Administration of Sentences) Regulation 2014, clause 189I Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 7, 21A, 33, 66 Criminal Procedure Act 1986 (NSW), s167 Drug Misuse and Trafficking Act 1985 (DMTA), s25 Cases Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 (NSW) (No 1) of 2002. Markarian v The Queen [2005] HCA 25 Muldrock v The Queen (2011) 244 CLR 120 Parente v R [2017] NSWCCA 284 R v Huynh [2005] NSWCCA 220 R v Peter Michael Clark (Court of Criminal Appeal (NSW), 7 July 1983, unreported) Veen v The Queen (No 2) Category: Sentence Parties: The Queen Ali Elali Representation: Counsel: Ms Black (Crown) Mr Alexander (Defendant) File Number(s): 2018/164835