District Court
New South Wales
Medium Neutral Citation: R v AFSARI, Abbas AKA Shayan [2016] NSWDC 419 Hearing dates: 1 September 2016, 4 November 2016 Decision date: 25 November 2016 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences:
SEQ 1 (+011,012,013) 001 Supply prohibited drugs on an ongoing basis s25A(1) DMTA 1985 LPC 28937
FORM 1 offences - to be taken into account re SEQ 1: 3 years
011 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960
012 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960
013 Knowingly deal with proceeds of crime s103B(2) Crimes Act 1900 LPC 58339 : 3 years
s166 Matters:
002 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months
003 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 12 months
004 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months
008 Possess/attempt to, prescribed restricted substance s16(1) Poisons and Therapeutic Goods Act 1966 LPC 53114 2 months
016 Possess instructions for manufacture etc of prohibited drug s11C(1) DMTA 1985 LPC 63269 3 monthsAggregate sentence:
Convicted.
Special circumstances found –need for assistance to rehabilitate in drug abuse, first time in custody.
Sentence to be served partly concurrent with FT imposed in re revoked ICOs.Sentenced to a term of imprisonment for 4 years comprised of a NPP of 2 years and 6 months to commence on 23/5/16 and to expire on 22/11/18, and a balance of term of 18 months to commence on 23/11/18 and to expire on 22/5/20.
I order the destruction of the drugs, the equipment and indicia of supply.
Eligible for release to parole on 22/11/18.
I make orders as per the Short Minutes of Forfeiture Order handed up in court today and placed on the court file.Catchwords: Criminal – Sentence – ongoing supply prohibited drug more than indictable quantity – MDMA – supply indictable quantity amphetamine – possess prohibited drugs Stanzolol, cocaine, cannabis leaf – possess prescribed restricted substance, Alprazolam – knowingly deal with proceeds of crime – possess instructions for manufacturing prohibited drug Legislation Cited: Drug Misuse and Trafficking Act 1985
Poisons and Therapeutic Goods Act 1966
Crimes (Sentencing Procedure) Act 1999Cases Cited: R v De Simoni [1981] 147 CLR 383
R v Clark, (unreported, 15 March 1990, NSWCCA)
R v Blanco, (unreported, 22 October 1987, NSWCCA)
R v Thompson (unreported, 4 April 1994, NSWCCA)
R v Gu [2006] NSWCCA 104
R v Cacciola [1998] 104 A Crim R 178
R v Richards (1981) 2 NSWLR 464
R v McVeety [2002] NSWCCA 344
R v Fernando [2002] NSWCCA 28
R v Huynh [2003] NSWCCA 239
R v Moffatt [1990] 20 NSWLR 114
Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No.1 of 2002 (2002) 56 NSWLR 146
R v Qutami (2001) NSWCCA 353
R v Smiroldo (2000) 112 A Crim R 47
Callahan v R [2006] NSWCCA 58Category: Sentence Parties: Regina
AFSARI, AbbasRepresentation: Counsel:
Ms S Stuart [CR]
Mr G James…
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- Case
- [2016] NSWDC 419
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address included the interpretation and application of various sections of the Drug Misuse and Trafficking Act 1985, the Poisons and Therapeutic Goods Act 1966, and the Crimes Act 1900. The court had to determine the appropriate sentence for the defendant, taking into account the seriousness of the offences, the defendant's criminal history, and any special circumstances that might warrant a more lenient sentence. The court also had to decide on the appropriate aggregate sentence for the various offences committed by the defendant.
The court found that the defendant had been involved in the ongoing supply of prohibited drugs, which was a serious offence that warranted a significant sentence. However, the court also took into account the defendant's need for assistance to rehabilitate in drug abuse and the fact that this was his first time in custody. The court determined that the appropriate sentence for the defendant was a term of imprisonment for 4 years, comprising a non-parole period of 2 years and 6 months and a balance of term of 18 months. The court also ordered the destruction of the drugs, the equipment, and indicia of supply, and made orders as per the Short Minutes of Forfeiture Order handed up in court today and placed on the court file.
The court ordered that the defendant be eligible for release to parole on 22/11/18, and that the sentence be served partly concurrent with the sentence imposed in relation to the revoked ICOs. The court also made orders for the destruction of the drugs, the equipment, and indicia of supply, and made orders as per the Short Minutes of Forfeiture Order handed up in court today and placed on the court file.
Orders
Orders of the court
Indicative sentences:
SEQ 1 (+011,012,013) 001 Supply prohibited drugs on an ongoing basis s25A(1) DMTA 1985 LPC 28937
FORM 1 offences - to be taken into account re SEQ 1: 3 years
011 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960
012 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960
013 Knowingly deal with proceeds of crime s103B(2) Crimes Act 1900 LPC 58339 : 3 years
s166 Matters:
002 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months
003 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 12 months
004 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months
008 Possess/attempt to, prescribed restricted substance s16(1) Poisons and Therapeutic Goods Act 1966 LPC 53114 2 months
016 Possess instructions for manufacture etc of prohibited drug s11C(1) DMTA 1985 LPC 63269 3 months
Aggregate sentence:
Convicted.
Special circumstances found –need for assistance to rehabilitate in drug abuse, first time in custody.
Sentence to be served partly concurrent with FT imposed in re revoked ICOs.
Sentenced to a term of imprisonment for 4 years comprised of a NPP of 2 years and 6 months to commence on 23/5/16 and to expire on 22/11/18, and a balance of term of 18 months to commence on 23/11/18 and to expire on 22/5/20.
Eligible for release to parole on 22/11/18.
I order the destruction of the drugs, the equipment and indicia of supply.
I make orders as per the Short Minutes of Forfeiture Order handed up in court today and placed on the court file.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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