R v Jomaa [2018] NSWDC 511

District Court New South Wales

Medium Neutral Citation: R v Jomaa [2018] NSWDC 511 Hearing dates: 1 June 2018 Date of orders: 01 June 2018 Decision date: 01 June 2018 Jurisdiction: Criminal Before: Buscombe DCJ Decision: See paragraph [70] Catchwords: CRIME — Drug offences — Supply prohibited drug SENTENCING — Probation and parole — Offence committed whilst on suspended sentence — suspended sentence revoked SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Relevant factors on sentence — Purposes of sentencing Legislation Cited: Confiscation of Proceeds of Crime Act Drug Misuse and Trafficking Act Mental Health (Forensic Provisions) Act Cases Cited: Hampton v R [2014] NSWCCA 131 Muldrock v The Queen (2011) 244 CLR 120 Parente v R [2017] NSWCCA 284 Stanley v R [2018] NSWCCA 93 Yun v R [2017] NSWCCA 317 Category: Sentence Parties: Director of Public Prosecutions (DPP) Mohammed Jomaa (Offender) Representation: Counsel: G James QC (Offender)

Solicitors: J Staples (DPP) File Number(s): 2015/284986

SENTENCE 1. HIS HONOUR: The offender Mr Jomaa stands to be sentenced having pleaded guilty to an indictment containing a single count of supply prohibited drug, namely cocaine, on 3 October 2014. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act, and has a maximum penalty of 15 years imprisonment and/or a fine equivalent to 2,000 penalty units. There is a further offence of supply prohibited drug on a Form 1 which the offender asks that I take into account when sentencing him for the supply offence which is on the indictment, and I have had regard to that offence in accordance with the principles expressed in the guideline judgment concerning taking Form 1 matters into account. It must have, in these circumstances, some impact upon the sentence.