R v Nassif [2019] NSWDC 418

District Court New South Wales

Medium Neutral Citation: R v Nassif [2019] NSWDC 418 Hearing dates: 31 May 2019 Date of orders: 25 June 2019 Decision date: 25 June 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: (1) Elias Nassif is convicted of the offences of: (a) supply of a prohibited drug, namely 478.8g of Gamma Butyrolactone (Count 1); and (b) possession without a permit of a prohibited weapon, namely an extendable baton (Count 2). (2) Note that there being no other appropriate sentence, I would have imposed an aggregate sentence of a term of imprisonment for a period of two years dating from 22 January 2019 and ending on 21 January 2021. (3) Taking into account that Mr Nassif has served a period in custody from 22 January 2019 until today, I impose an aggregate sentence of imprisonment for a term of 18 months and 28 days starting today and ending on 21 January 2021. (4) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, order that the sentence of imprisonment is to be served by way of intensive correction in the community. (5) Mr Nassif must report to the Community Corrections Office as soon as practicable but no later than 7 days from today. (6) The standard conditions apply to the Intensive Correction Order, namely: (a) Mr Nassif must not commit any offence; and (b) Mr Nassif must submit to supervision by a Community Corrections Officer. (7) The following additional conditions apply to the Intensive Correction Order, namely: (a) Mr Nassif must abstain from all illicit substances for the period of the Intensive Correction Order, namely until 21 January 2021. (b) Mr Nassif must attend at a drug and alcohol program during the period of the Intensive Correction Order. (8) Note that the two offences of supply prohibited drug on the Form 1 were taken into account. (9) In respect of Count 1, supply prohibited drug, namely, Gamma Butyrolactone, the indicative sentence is 21 months of imprisonment. (10) In respect of Count 2, possess or use a prohibited weapon, the indicative sentence is four months of imprisonment. Catchwords: CRIME – sentence - drug offences - supply prohibited drug - indictable quantity – Gamma Butyrolactone – GBL - possession of a prohibited weapon – extendable baton – guilty plea Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 32, s 55A, s 54B, s 73A Drug Misuse and Trafficking Act 1985, s 25, s 32, sch 1 Weapons Prohibition Act 1998, s 7 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Mooney v R [2016] NSWCCA 231 R v Robert Borkowski [2009] NSWCCA 102 Regina v Dibb [2003] NSWCCA 117 Category: Sentence Parties: Regina Elias Nassif (Offender) Representation: Solicitors: Office of the Director of Public Prosecutions (Crown) Voros Lawyers (Offender) File Number(s): 2017/134746 Publication restriction: None