Director of Public Prosecutions v Al-Mandalawy
[2025] VCC 813
•13 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-01344
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RASSOUL AL-MANDALAWY |
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JUDGE: | Karapanagiotidis | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 23 May 2025, 13 June 2025 | |
DATE OF SENTENCE: | 13 June 2025 | |
CASE MAY BE CITED AS: | DPP v Al-Mandalawy | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 813 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - Sentencing
Catchwords: trafficking in a drug of dependence – possessing a firearm and firearm related items contrary to a firearm prohibition order – possession of drug of dependence – unlicenced driving
Legislation Cited: ss 5(1), 6AAA Sentencing Act 1991 (Vic)
Cases Cited:Boulton v The Queen [2014] VSCA 342; Akoka v The Queen [2017] VSCA 214; Bruce v The Queen [2022] VSCA 100.
Sentence: Total effective term of 17 months imprisonment, combined with a Community Corrections Order of 2 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr S. Profitt | Office of Public Prosecutions |
| For the Accused | Mr M. Weinman | Supriya & Associates Criminal Lawyers |
HER HONOUR:
1Rassoul Al-Mandalawy, you have pleaded guilty to the following charges:
(a) Charge 1: trafficking in a drug of dependence
(b) Charge 2: possessing a firearm and firearm related items contrary to a firearm prohibition order (rolled up)
(c) Charge 3: possession of a drug of dependence.
2You have also agreed to this Court hearing, and have pleaded guilty, to the summary charge of unlicenced driving (rolled up, 19/11/23-20/11/23).
Circumstances of the offending
3The full circumstances of your offending are outlined in the prosecution opening, marked as Exhibit A, dated 2 June 2025. This constitutes the factual basis upon which I sentence you.
4At the time of your offending you were 30 years of age, residing in Tullamarine, Victoria. You were subject to a firearm prohibition order pursuant to s 112D of the Firearms Act 1996, which police served you with on 4 August 2023.
5On 21 November 2023, members of Victoria Police Financial Crime Squad, attended your residential address to conduct a search under the provisions of the firearms prohibition order guidelines.
6Your vehicle, a white 2023 Toyota RAV4 was parked outside the address. A search of your vehicle was conducted.
7Located in the boot area of your vehicle were three plastic 1L bottles containing a clear liquid suspected to be 1,4-Butanediol. (charge 1 – trafficking in a drug of dependence)
8Also located in the boot were the following items:
(a) an Under Armour duffle bag containing 249 pieces of various calibre ammunition; and
(b) 143 pieces of various calibre ammunition.
(rolled up charge 2 – possessing a firearm contrary to a firearm prohibition order).
9The following items were located in a Louis Vuitton fabric drawstring bag that was concealed behind the trim of the driver’s foot well of your vehicle:
(a) a black Heckler & Koch .40 calibre handgun (serial number 26-080212);
(b) a firearm magazine containing ten .40 calibre S&W cartridge ammunition; and
(c) a zip-lock bag containing seven .40 calibre S&W cartridge ammunition and 13 .38 calibre S&W cartridge ammunition.
(rolled up charge 2 – possessing a firearm contrary to a firearm prohibition order)
10A further search of the driver’s foot well area of your vehicle located a ziplock bag containing two Xanax tablets. (charge 3 – possess a drug of dependence).
11Further investigations of the vehicle were conducted and conveyed to the Melbourne West Police Station. You participated in a no comment interview and provided a DNA reference sample by informed consent.
12On 23 November 2023, police attended your address again and obtained CCTV footage from a neighbouring residence. The CCTV depicts you driving the Toyota RAV4 on five separate occasions on 19 and 20 November 2023 (related summary charge 9 – unlicensed driving). Enquiries made with VicRoads reveal that you surrendered your driver licence on 28 April 2023. According to
enquiries made with the South Australian Department of Infrastructure and Transport (SADIT), you obtained a South Australian driver’s licence that same day.13The Informant obtained your application form submitted to SADIT, which nominated your home address as an address on The Parade, Blair Athol, South Australia. A further statement was obtained from a witness pertaining to this address, as outlined in the prosecution opening.
14At the time you obtained your South Australian licence, you were on bail with conditions to residence at the Mossfield Mews, Tullamarine. You were bailed from the Broadmeadows Police Station on 12 April 2023.
15You were also on bail at the time of the offending, having been bailed from the Broadmeadows Magistrates’ Court on 31 August 2023 with conditions that included - to reside at the Mossfield Mews, Tullamarine; and not to drive a motor vehicle.
16On 24 January 2024, DNA analysis of the Heckler & Koch handgun was undertaken at the Victoria Police Forensic Services Centre (VPFSC), which revealed your DNA on the slide region.
17On 30 January 2024, drug analysis undertaken at VPFSC confirmed that:
(a) the contents of the three 1L plastic bottles was determined to be 1,4-Butanediol totalling 2.75 kilograms; and
(b) the two tablets in a zip-lock bag were determined to be Alprazolam (Xanax).
18On 2 February 2024, ballistic examination undertaken at VPFSC confirmed that:
(a) the Heckler & Koch handgun was capable of discharge; and
(b) the .40 calibre ammunition contained in both the magazine and the zip-lock bag was suitable for use with the Heckler & Koch handgun.
19On 1 August 2024, further DNA analysis conducted by VPFSC compared your reference sample with that of an associate Aladin El-Sayed and the results included the following - your DNA was identified on the slide region of the Heckler & Koch handgun and both your and Mr El-Sayed’s DNA was found on the Louis Vuitton fabric bag.
Nature & gravity of offending
20Charges 1 and 2 on the indictment are serious offences as indicated by their maximum penalties of 15 and 10 years respectively.
21In respect of the trafficking charge, you were in possession of, for the purpose of sale, a very significant quantity of the drug, one that exceeds the commercial quantity threshold. The prosecution does not allege, and are not in a position to prove, that you intended to traffick in a commercial quantity. Nevertheless, the quantum remains a relevant and important consideration in my assessment of the charge.
22In my assessment I have also had regard to the fact that your offending is charged and confined to the one day. Further, I take into account that 1,4-butanediol is less profitable than other drugs of dependence[1]. Also, as raised by your Counsel, I take into account in that no proceeds of crime charges form part of the resolution, or the circumstances, of the trafficking.
[1] See R v Maxwell [2013] VSCA 50.
23In relation to the charge of possession of a firearm where a Firearm Prohibition Order (FPO) applies, it is conceded that the nature of the charge is inherently serious. As was stated by the Court in Bruce v The Queen [2022] VSCA 100:
As to general deterrence, the purpose of the firearm prohibition order (‘FPO’) scheme is to promote community safety by ensuring that weapons do not fall into the wrong hands. It is important that the sentences imposed for possessing firearms in breach of an FPO are set at a level which will send a strong message to others who might be tempted to disregard an FPO to which they are subject.
24The charge is a rolled-up one, as particularised, and I take into account the full circumstances. As highlighted by the prosecution, the firearm was capable of discharge and you were also located with over some 400 pieces of ammunition, secreted in your car, some of which was compatible with the firearm. You have a relevant history for firearm offences and, though it's not entirely clear on the record as to what prompted the making of the order, you were served with it only months prior to this offending. In my assessment, I also take into account, as contended by your Counsel, that it is not suggested that you produced the firearm in the public or used it in connection with the trafficking or any other criminal activity.[2] As submitted by the prosecution however the general circumstances render this offending serious.[3]
[2] Berichon v The Queen [2013] VSCA 319
[3] DPP v Basic [2017] VSCA 376
25In respect of charge 3, the possession relates to two Xanax tablets located in the footwell area of your vehicle in a zip-lock bag. Given the quantity of tablets, the circumstances and your history of drug use, I am satisfied on balance that this offence was not committed for any purpose relating to trafficking in that drug.
26In relation to the summary driving charge I take into account that it is a rolled-up charge, involving driving on 5 separate occasions between the period stipulated.
27I also note, and take into account, as outlined in the opening, that you were on bail at the time of your offending.
28At your recent assessment with community corrections you reported that during the period of your offending you had relapsed into drug use. You had successfully completed a parole order which expired on 12 January 2023 and had produced no positive urine screens during testing. However, after the completion of the order you resumed contact with former negative associates and relapsed into using methamphetamine (ice) and gamma-hydroxybutyrate (GHB) almost daily. While no excuse, this provides some insight into the context of your offending.
Plea of guilty
29You pleaded guilty to the charges on 23 May 2025 after accepting an earlier sentence indication on 20 May 2025. Your plea of guilty entitles you to a sentencing discount. Your plea has utilitarian value and indicates your willingness to facilitate the course of justice.
30On your behalf, particular reliance was placed on the procedural history of your case and your Counsel outlined a helpful chronology. A contested committal was conducted whereby witnesses were cross-examined. In August 2024 an offer was made to proceed with a sentence indication on the charges that are now before the Court. The offer was rejected by the prosecution and was later made on two further occasions, in October and December 2024. On 5 February 2025 the basis for sentence indication was agreed to by the Crown. I take this procedural history into account.
Personal circumstances
31You are now aged 32 years of age and your background was outlined by your Counsel and is also referred to in the reports of drug and alcohol counsellor, Ms Amanda Brown.
32Your childhood was marked with a significant degree of instability. You were born in Iraq and in 1999, when you were 6 years of age, you fled your home with your family. You have a memory of witnessing significant violence in Iraq. You reported to Ms Brown vivid memories of the terror and destruction you experienced and witnessed as a young boy prior to fleeing to safety.
33After fleeing Iraq, your family arrived in Thailand. They had little option but to seek the assistance of people traffickers who ended up preying on your family and defrauding them of their funds, leaving you all stranded in Thailand.
34Your family managed to find its way to Indonesia, where you again were forced to seek the help of people smugglers. After two attempts, involving being rescued from sea, your family were transported to Darwin.
35You were then taken to the Woomera detention centre in South Australia, where, as a child, you remained detained for a substantial period. You and your family were then granted asylum, eventually moving to Shepparton and then Melbourne.
36Your father worked long hours in Australia and your mother studied and achieved a Bachelors degree in Childcare and works in that field. You have three other siblings. Your Counsel raises on your behalf that at home you also witnessed family violence, including both physical and verbal abuse.
37I accept, as submitted by your Counsel, that your background of instability, displacement and trauma at a very young does enliven in a general sense the Bugmy[4] principles and I take this into account in an assessment of your moral culpability and as relevant to sentencing.
[4] (2013) 249 CLR 571
38You left school after year 8 or the beginning of year 9. It seems that you struggled at school, struggled with school work, were bullied and getting into trouble. You commenced working in the family business with your father in air-conditioning and commercial refrigeration. When not in custody you have also worked with your brother in the family business.
39In 2019 when you were in custody, your father passed away. Whilst you were able to see your father on one occasion prior to him passing, you were unable to attend the funeral and participate in cultural activities which was a source of grief.
40As for your drug and alcohol history, you first used alcohol at the age of 16. Your alcohol consumption reduced when you started using illicit substances. Since the age of 18, you tried numerous substances including cannabis, GHB, Cocaine and MDMA. Between the ages of 18 to 30, your primary drug of dependence was methamphetamine, where you used up to 2 grams per day. At the age of 29 you commenced using GHB. As also noted by Ms Brown, ‘within the context of marked substance use, [you] reported to have experienced extended periods of wakefulness. [You] indicated [you] would often ingest benzodiazepines to assist with sleep initiation and to also reduce agitation caused by excessive use of the stimulant.’
41You have a relevant prior criminal history, including for weapons and drug-related offences. In 2017 you were sentenced to a term of over 5 years imprisonment, with a non-parole period, representing I note the longest period you have served in custody. The reasons pertaining to that sentence were tendered on your plea. You were released on parole and, as confirmed in the recent corrections report, you successfully undertook the parole order between 2020 – 2023.
Other relevant factors
42Given the chronology of this matter, your Counsel submits that delay is a relevant consideration and I have taken this into account. The case has been hanging over your head now for a considerable period of time, with uncertainty. You have also been able to demonstrate some effort towards your rehabilitation, which I’ll return to in a moment.
43Also, as relevant to totality, I take into account that while in custody for these matters you were sentenced to 90 days imprisonment in relation to Magistrates Court charges. Given this period is referable to other offending, it has been deducted from the presentence detention that you have available to you on this matter.
Prospects of rehabilitation
44Your Counsel submits that you have favourable prospects of rehabilitation. The prosecution submit that they should be viewed as guarded, noting in particular your relevant prior criminal history and the limited opportunity to demonstrate your rehabilitation. Your Counsel relies on the following factors -
(a) Family support from your mother in terms of accommodation.
(b) Stable employment with your brother (see also letter).
(c) Abstinence from illicit substance use during your period on remand
45As part of a grant of previous bail on this matter, you were released to attend the Cottage in Shepparton. You entered that program on the 6th of June 2024 and were discharged from that program after providing a false negative or diluted sample. Upon being exited you contacted your lawyer, presented to Court the next day and surrendered yourself into custody on 17 July, with your bail being subsequently revoked. While ultimately you did not succeed at the residential rehabilitation centre, I do take into account that you made some efforts to engage in treatment and that there was no further offending alleged to have occurred during the period when you exited from the program. Also, I take into account as ‘Akoka’[5] time that you spent just under 6 weeks at the Cottage, an inpatient residential facility.
[5] Akoka v The Queen [2017] VSCA 214.
46You recently expressed to Ms Brown that you are ‘sick of drug use and the consequences that come with [your] use taking [you] back to jail. [You] said [you] want to lead a more stable, drug free, pro social lifestyle, stay out of jail and support [your] family.’ Ms Brown has offered to act as a further support to you in the community. In custody you are treated with buprenorphine and otherwise have been working as a unit billet. As a remand prisoner it has been difficult accessing therapeutic and vocational programs.
47Overall, I consider that your future prospects are ‘intrinsically linked’ to your ability to stay abstinent. You will benefit from structured supports and drug and alcohol counselling. You appear to have the capacity to engage and as already noted, you managed to successfully undertake a parole order between 2020 – 2023 and you have made some other concerted attempts at rehabilitation in the past. The recent Forensicare report also suggests that you could benefit from participating in mental health related counselling to support you to explore any unresolved trauma, loss or change issues.
Sentencing considerations
48The basic purpose for which a court may impose a sentence are punishment, general, specific deterrence, rehabilitation, denunciation and protection of the community. In offences of this nature, I accept that general deterrence looms large.
49I have taken into account the sentencing guidelines referred to in s5 of the Sentencing Act 1991 (Vic), where relevant to your case. I have had regard to the current sentencing practices also for trafficking and cases dealing with firearm prohibition orders, along with the cases referred to by Counsel.
50I have considered and synthesised all relevant matters raised both at the sentencing indication hearing and the plea hearing. I have taken into account the relevant principles, including proportionality, parsimony and totality.
51Your Counsel submits that a combination sentence is open, with time served. The Prosecution submit that the offending is sufficiently serious to warrant a sentence structured with a non-parole period was necessary. As previously indicated, I accept that combination sentence is just and appropriate though I cannot accede to your Counsel’s submission that time served is sufficient.
52Guided by the Court of Appeal in Boulton’s[6] case, I accept that a community corrections order (CCO) is capable of being a highly punitive sentence and can be imposed in cases of relatively serious offending. In all the circumstances, I consider that a combination sentence is the just and appropriate sentence in your case.
[6] Boulton v The Queen [2014] VSCA 342.
53As the Court stated in Boulton[7]:
“The availability of the combination sentence option adds to the flexibility of the CCO regime. It means that even in cases of objectively grave criminal conduct, the court may conclude that all of the purposes of the sentence can be served by a short term of imprisonment coupled with a CCO of lengthy duration, with conditions tailored to the offenders' circumstances and the causes of the offending.’
[7] Boulton v The Queen [2014] VSCA 342.
54I consider that the punitive, deterrent, denunciatory and rehabilitative purposes of sentencing can be sufficiently achieved by a substantial of imprisonment, coupled with a CCO of lengthy duration.
55I had you assessed for CCO and you were assessed as suitable, with conditions. During the assessment you expressed motivation to undertake the order and to engage in treatments services to better equip yourself with harm minimisation strategies and move on with your life. I consider this will best promote your rehabilitative prospects and also, in the long term, better protect the community.
Sentence
56Synthesising all relevant matters, you are convicted on the charges and sentenced as follows:-
(a) Charge 1: trafficking in a drug of dependence – 13 months’ imprisonment, plus CCO 2 years
(b) Charge 2: possessing a firearm contrary to a firearm prohibition order (rolled up) – 12 months’ imprisonment, cumulate 4 months, plus CCO 2 years.
(c) Charge 3: possession of a drug of dependence – proven and discharged.
57Summary charge of unlicenced driving you are convicted and sentenced to 1 month, to be served concurrently.
58I cumulate between Charges 1 and 2 using Charge 1 as the base sentence, I cumulate four months of the sentence I have imposed on Charge 2, which should therefore arrive at the 17 months that I have indicated. The community corrections order pursuant to the relevant provision in the Sentencing Act 1991 will operate as the one order. Otherwise, all other sentences are to be served concurrently.
59This amounts to a total effective sentence of 17 months imprisonment plus one 2 year CCO.
60Additional CCO conditions as follows:
(a) Community work – 50 hours, all offset against treatment;
(b) Treatment and rehabilitation for drugs;
(c) Treatment and rehabilitation for mental health;
(d) Treatment and rehabilitation for programs to reduce offending;
(e) Supervision for the duration of the order; and
(f) Judicial monitoring on Thursday 11 December 2025 at 09:30AM.
61Pursuant to s.18 I declare that you have served a period of 439 days in pre-sentence detention.
62Pursuant to s.6AAA but for your plea of guilty I would have sentenced you to a term of 3 years and 6 months imprisonment with a NPP of 2 years and 4 months.
63Ancillary orders – forfeiture and disposal orders made unopposed in the terms sought.
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