Joshua Travers Majdalani: Corrupt former Corrective Services officer appeals jail term in Dubbo District Court
A former Corrective Services officer who was sentenced to full-time jail in February for drug supply and corruptly receiving a benefit has appealed the decision. Find out what happened in court.
Dubbo News
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A former Corrective Services officer who was imprisoned for drug supply and a corruption charge has had the severity of his sentence reduced in Dubbo District Court on Friday.
Joshua Travers Majdalani, 30, appeared via audio visual link with barrister Matthew McAuliffe as he awaited the judgment on his appeal.
Court documents revealed that Majdalani supplied 25.1 grams of cocaine at the small town of Geurie, 30 kilometres east of Dubbo, on May 5, 2020. That same day in Dubbo, he was found with an unauthorised Smith and Wesson replica firearm in his possession.
After initially pleading not guilty, Majdalani later entered guilty pleas to cocaine supply and unauthorised firearm possession charges. He also pleaded guilty to dealing with $27,000 in property which was suspected of being the proceeds of crime.
Majdalani pleaded not guilty to a string of other charges which included being an agent who corruptly received benefits.
Court documents state Majdalani is alleged to have received seven payments totalling $4200 from inmates or associates of inmates of Wellington jail while he was working there as a correctional officer.
In late 2021 he was found guilty of taking part in the supply of a small quantity of buprenorphine strips and being an agent who corruptly received a benefit.
On February 25 this year, Majdalani was sentenced by Magistrate Stephen Olischlager in Wellington Local Court to an 18-month aggregate prison sentence for supplying a prohibited drug as well as being an agent who corruptly received a benefit.
He also received an 18 month community corrections order for possessing an illegal firearm, possessing a weapon without a permit, two counts of supplying a small quantity of prohibited drug and dealing with property with proceeds to crime.
Majdalani was then granted bail in Dubbo District Court a month later on March 14 as he awaited his appeal date on Friday.
Mr McAuliffe submitted the appeal based on three areas - his client addressing his substance related issues, his moral culpability and the objective gravity of the offending.
He told Judge Craig Smith he didn’t believe the section five threshold - where a court must be satisfied that no penalty other than imprisonment is appropriate - had been crossed.
However the Crown prosecutor disagreed, and Judge Smith stated that he would “need some persuading that the section five threshold hasn’t been crossed”.
The Crown continued their reply, with Ms White concerned about the risk of reoffending as she highlighted a current 10-month intensive corrections order that was handed to Majdalani “about a month ago” for a separate matter relating to domestic violence.
Mr McAuliffe submitted that an intensive corrections order was “well within range”, however, “if it has crossed the section five threshold then it was only just”.
He said that Majdalani had been serious in respects to his rehabilitation, with the offending taking place more than two years ago. He added that his client continued to see medical professionals to address substance abuse issues.
“He is engaging with those professionals much more candidly,” he said.
Mr McAuliffe also said Majdalani had matured over the past two years, adding: “Your Honour would have seen a different version of remorse two years ago”.
He noted Majdalani’s exposure to early family violence and the compounding pressures he was experiencing at the time of offending.
“In respect to objective gravity, it is not a small amount of cocaine, but (it’s) not substantial,” Mr McAuliffe said. “Most significant, it is street level dealing and no more than that.”
Judge Smith accepted that there was strong evidence to suggest that Majdalani’s rehabilitation was on the right track, as well as his abstinence from illegal drugs.
He said he was pleased with the 30-year-old’s ability to maintain stable employment since January, and accepted that he was remorseful for his actions.
But in assessing whether the section five threshold was crossed, he “respectfully disagreed” saying a sentence of imprisonment was necessary.
“A general deterrence is an important principle,” Judge Smith said. “Members of our community should know that the court will deal with (matters with drugs) even in small amounts.
“Twelve months is an appropriate term of imprisonment.”
Judge Smith convicted Majdalani of the offence, sentencing the 30-year-old to an imprisonment of one year starting on October 18, 2022 and expiring on October 17, 2023, to be served by way of an intensive corrections order. He also imposed abstinence from illegal drugs as a condition.
Majdalani also appeared in Dubbo Local Court on Wednesday for a separate matter after he was arrested for driving with illicit drugs in his blood on February 12.
He recorded a positive result for cocaine when stopped by members of Hawkesbury Highway Patrol who were conducting drug and alcohol testing on Macquarie Street in Dubbo.
Majdalani’s lawyer, Matthew Quill appealed to Magistrate Mal Macpherson saying his client was under “a lot of pressure” at the time of the offence.
Magistrate Macpherson sentenced Majdalani to a conditional release order without conviction for nine months, noting his “impressive list of references”.