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Elements Needed To Successfully Prosecute A Perpetrator In A Criminal Case Namely The Supply Of Drugs Vians Report

1521 words - 7 pages

Introduction

This report addresses the elements needed to successfully prosecute a perpetrator in a criminal case namely the supply of drugs. The purpose of this report was to observe how the offender was dealt with in a court of law and the actions the court took to punish the offender.
When a criminal offence is committed there needs to be two elements to form the basis of the criminal offence. In the matter of Waeil Rustom these two elements were proved and he was successfully prosecuted for committing a crime. His actions contained the physical and the psychological elements needed to establish the basis of the criminal offence (Sangha, Moles, 2015).It was proved that the defendant did do something in order to prepare for the crime; this is called the actus reus. It was also proved that the defendant had full knowledge and understanding of the physical acts committed. That is the defendant was fully aware that the act committed was unlawful, this is called the mens rea (Sangha, Moles, 2015).

Case Content
In September, 2015 the Middle Eastern Organised Crime Squad raided the house of a cocaine drug king pin known as Waeil Rustom.The father-of-four and fruit market stall owner was sentenced to five years three months jail with a non-parole period of three years three months for the supply of a commercial quantity of cocaine by Judge Neilson at the Downing Centre District Court. Judge Neilson took into consideration Rustom’s early guilty plea and included a 25 per cent discount. He was sentenced in accordance to Schedule 1 of the Drug Misuse and Trafficking Act, where sections 21 and 25 of the Act were applied.
It has been proven that 42 year old Waeil Rustom was the boss of a cocaine supply syndicate that serviced customers across Sydney. Although the syndicate was neither elaborate nor sophisticated, Waeil Rustom masterminded the cocaine drug ring that worked by customers calling and texting in code their cocaine orders through to Rustom’s so called manager, who was the link between the drivers and clients and Rustom. A Combined Services Taxis employee was also employed by the syndicate that used his work vehicle to deliver the drugs across Sydney to high-profile clients. The syndicate's overall client base was made-up of high-profile sporting stars and young professionals as well as media identities.
In an affidavit tendered in court, Rustom explained he started the cocaine run after a friend introduced him to the drug cocaine; he described how he switched over from drug using to drug dealing in order to support his own drug habit. The court also heard the money made from the drug dealing enterprise simply fuelled two other addictions, gambling and sex with prostitutes. Rustom's barrister, top silk Bret Walker SC, told the court that his client was not a wholesale supplier and that the operation lacked entrepreneurship.

Technical content
The personnel observed in the court room were, corrective service officer who provided...

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