R v AR

[2024] NSWDC 307

District Court

New South Wales

Medium Neutral Citation:

R v AR [2024] NSWDC 307

Hearing dates:

31 May 2024

Date of orders:

21 June 2024

Decision date:

21 June 2024

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

The offender is convicted and sentenced to 25 months imprisonment. The offender is to serve 12 months in custody and then to be released on a recognizance release order pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) upon giving surety (without security) in the sum of $100, on condition that he be of good behaviour for 2 years.

Catchwords:

s 271.2(1A) Criminal Code Act 1995 (Cth) – “Exit trafficking” – offender and victim married – victim on partner visa – offender motivated to ‘return’ victim to Afghanistan because of tension between his mother and victim – deceives victim into travelling to Afghanistan on false premises and then abandons victim there – victim able to return to Australia – multiple acts of deception – lack of remorse – serious offending – significant breach of trust – need for denunciation – custodial sentence warranted

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code Act 1995 (Cth)

Cases Cited:

Bravo v R [2015] NSWCCA 302,

DPP (Commonwealth) v De La Rosa [2010] NSWCCA 194

Faehringer v R [2017] NSWCCA 248

R v CGT [2017] NSWCCA 163

Mills v R [2017] NSWCCA 87

Saddler v R [2009] NSWCCA 83

Stanley v DPP [2023] HCA 3

Xiao v R (2018) NSWLR 1

Zheng v R [2023] NSWCCA 64

Texts Cited:

Commonwealth, Parliamentary Debates, Senate, 8 December 2004 (Chris Ellison, Senator)

Category:

Sentence

Parties:

Rex (Crown)
AR (Offender)

Representation:

Counsel:

Mr D Renton SC (Crown)
Ms S Talbert (Offender)

Solicitors:

Ms S Lo (CDPP)
Ms C Velasquez (Offender)

File Number(s):

2019/00213971

Publication restriction:

Non-publication order in respect of the names of the offender and victim in respect of any material that may identify them.

JUDGMENT

INTRODUCTION

1. The offender, AR, is an Australian resident and citizen. He migrated to Australia as a refugee in 2008. He resides with his mother and brother. There was an arranged marriage between the offender and the victim. The offender travelled to Afghanistan for the marriage which took place on 9 June 2014. The victim remained in Afghanistan. In March 2017, the victim was granted a partner visa. The offender was her sponsor. On 29 March 2017, she arrived in Australia and resided with her husband, mother-in-law and brother-in-law. The relationship between the victim and her mother-in-law deteriorated.

2. On 15 December 2017, the offender’s mother told him that she no longer wanted to live in the house with the victim. Thereafter, the offender engaged in deceptive conduct to have his wife returned to her village in Afghanistan, including booking a one-way ticket to Afghanistan for his wife and arranging for a false itinerary to be created to display a return flight. The couple arrived in Kabul on 28 January 2018. The victim continued on to her village. The offender remained in Kabul.…