33 Questions
What was the appellant charged with in the period of ten months in 2016-2017?
Attempting to import MDMA
What was the pure weight of the MDMA that the appellant and others attempted to import?
594.43 kilograms
What was the appellant's original sentence in the District Court?
15 years and 2 months’ imprisonment
Why did the appellant seek leave to appeal?
Sentencing Judge's consideration of family hardship
What was the outcome of the appeal for the appellant?
Resentenced to 12 years and 8 months’ imprisonment
When does a court sentencing a federal offender need to take into account the effect of a sentence on family members or dependants?
Without needing to find exceptional circumstances
What did the sentencing Judge err in failing to take into account?
Family hardship
In the context of resentencing, what aspect does the Court of Criminal Appeal not need to consider?
Legal errors
When does the Court consider a question of parity?
When the sentence falls within the discretionary range
What did Rothman J. agree with in the judgment?
Leeming JA's reasons
What was cited in relation to discussing the principle of parity?
Clarke v R NSWCCA 248
What was deemed appropriate by the appellant in the judgment?
Ground three abandonment
What was the sentencing Judge's conclusion about the seriousness of the offence?
The offence was objectively very serious due to various factors.
What did Bell CJ's decision in Totaan v R clarify regarding sentencing federal offenders?
The probable effect on a family member can be considered without exceptional circumstances.
In the context of the appellant's sentencing, what did the sentencing Judge remark about the appellant's role in the family?
The appellant was the primary caretaker for the children.
What influenced the senior participants to involve the appellant in the MDMA importation scheme?
The appellant's strong family background
What approach did Bell CJ suggest for applying section 16A(2)(p) in sentencing federal offenders?
Applying it according to its terms, without judicial gloss.
What was the role of the undercover operative in the MDMA importation scheme?
He was pivotal to the scheme
What did the sentencing Judge find about the subjective case of the appellant?
He grew up in a family with a strong sense of unity but also experienced physical aggression
Based on the text, what did the sentencing Judge fail to address in her reasons for sentence regarding the appellant?
The adverse effect of imprisonment on the appellant's family.
What did the sentencing Judge conclude about the appellant's involvement in drug-related activities before the MDMA scheme?
He had never been involved in any drug-related activity before
What did Bell CJ conclude about considering family-related matters in federal offender sentencing?
It can be considered without needing exceptional circumstances or hardship.
What did Bell CJ's decision emphasize regarding applying section 16A(2)(p) in federal offender sentencing?
It must be applied according to its terms, without any judicial interpretation.
What made the offence of the appellant objectively very serious according to the sentencing Judge?
The willingness of the appellant to participate in the scheme
What was the date of the decision in the case Ahmad v R NSWCCA 294?
30 November 2023
Which legislation was cited in the case Ahmad v R NSWCCA 294?
Criminal Code (Cth)
Who represented the Crown in the case Ahmad v R NSWCCA 294?
Mr P McGuire SC / Mr C Tran
What was the charge that Ahmad Ahmad pleaded guilty to in the case Ahmad v R NSWCCA 294?
Attempt to import a commercial quantity of a border-controlled drug
What was the ground of appeal based upon in the case Ahmad v R NSWCCA 294?
"Totaan error"
Which judge did not accept hardship to family as exceptional in the case Ahmad v R NSWCCA 294?
Garling J
What was the citation of the case Kentwell v The Queen mentioned in the text?
(2014) 252 CLR 601; HCA 37
Which party did Totaan v R apply to in the judgment?
"Applicant"
Which judge delivered the decision in the case Ahmad v R NSWCCA 294?
Leeming JA
Study Notes
Ahmad v R NSWCCA 294 (30 November 2023)
- The case involved Ahmad Ahmad, who pleaded guilty to attempting to import a commercial quantity of a border-controlled drug contrary to ss 11.1(1) and 307.1(1) with ss 11.2A(1)(a) and 11.2A(1)(b)(ii) of the Criminal Code (Cth).
Sentencing and Appeal
- The sentencing Judge, acting on an understanding of the law which was then conventional, erred in failing to take into account matters relevant to family hardship that her Honour did not regard as amounting to “exceptional circumstances”.
- The appellant should thus be resentenced, citing Totaan v R (2022) 108 NSWLR 17; NSWCCA 75 and Kentwell v The Queen (2014) 252 CLR 601; HCA 37.
Facts of the Case
- The charge related to a period of ten months in 2016-2017, during which the appellant, with a number of others, attempted to import just under 800 kilograms of MDMA, with a pure weight of 594.43 kilograms.
- The offence carries a maximum penalty of imprisonment for life.
Sentencing and Resentencing
- The appellant was sentenced in the District Court to 15 years and 2 months’ imprisonment with a non-parole period of 8 years and 9 months, commencing 8 August 2017.
- The Court of Criminal Appeal granted leave to appeal and resentenced the applicant to 12 years and 8 months’ imprisonment with a non-parole period of 7 years and 6 months.
Considerations for Sentencing
- A court sentencing a federal offender does not need to find exceptional circumstances or “exceptional hardship” before having regard to the probable effect of a sentence on a family member or dependant, citing Totaan v R (2022) 108 NSWLR 17; NSWCCA 75.
- In relation to the role of the undercover operative, the sentencing Judge found that although he was pivotal to the scheme, the appellant was, nevertheless, at all times a willing participant in the MDMA importation scheme.
Appellant's Background and Family
- The appellant grew up in a family with a strong sense of family unity, but one in which physical aggression was prevalent.
- The appellant married at the age of 21 and has three sons and one daughter.
This quiz covers the legal case of Ahmad v R NSWCCA 294, which was decided on 30 November 2023. Test your knowledge on the details and outcome of this case.
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