District Court
New South Wales
Medium Neutral Citation: R v Dabrowski; R v Zielinski [2025] NSWDC 332 Hearing dates: 18 August 2025 Date of orders: 22 August 2025 Decision date: 22 August 2025 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: As to both Offenders:
(1) A term of imprisonment of 6 years to commence on 27 February 2024 and expire on 26 February 2030.
(2) There will be a minimum non-parole period of 3 years and 6 months, to commence on 27 February 2024 and expire on 26 August 2027.
(3) The first date the Offenders will be eligible for parole is 26 August 2027.
Catchwords: CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug — Commercial quantity
SENTENCING — Objective seriousness — Offenders came to Australia for the purpose of picking up some drugs in exchange for AUD$20,000 — Objective seriousness towards bottom end of range
SENTENCING — General deterrence important factor to be understood by people in other countries tempted to come to Australia to commit serious crimes
SENTENCING — Subjective considerations on sentence — Difficult upbringing — Alcohol abuse — Financial difficulties — Mental health — Prospects of rehabilitation — Effect on Offenders’ families — Time in custody — Custody more onerous than usual
SENTENCING — Parity — No relevant difference between objective and subjective cases — Same penalty appropriate
Legislation Cited: Crimes Act 1914 (Cth) s 16A
Criminal Code (Cth) s 11.1(1); s 307.8(1); s 311.1(1)
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
Hili v The Queen [2010] 242 CLR 520
R v Nguyen; R v Pham (2010) 205 A Crim R 106
Category: Sentence Parties: Rex (Crown)
Pawel Dabrowski (First Offender)
Adrian Zielinski (Second Offender)Representation: Counsel:
Solicitors:
S Love (Crown)
N Hanna (Solicitor) (First Offender)
O Samin (Solicitor) (Second Offender)
CDPP (Crown)
Hanna Legal (First Offender)
Australian Criminal and Family Lawyers (Second Offender)
File Number(s): 2024/76069; 76073 Publication restriction: Nil
JUDGMENT
Introduction
Overview
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The Co-offenders – Adrian Zielinski (“Mr Zielinski”) and Pawel Dabrowski (“Mr Dabrowski”) – each stand to be sentenced for one offence, to which they pleaded guilty in the Local Court of New South Wales on 7 May 2025, being the first available opportunity.
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The offence is attempting to possess a commercial quantity of a border-controlled drug reasonably suspected of having been unlawfully imported contrary to s 11.1(1), s 307.8(1), and s 311.1(1) of the Criminal Code (Cth). The maximum penalty for which is life imprisonment.
Pre-sentence custody
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Both Offenders were arrested on 27 February 2024, and have been in custody since that time, being a period of 542 days.
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It is accepted by the Crown that any period of imprisonment I impose ought be backdated to take into account that time.
The facts
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As to the offending, the facts relating to each Offender are the same.
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They are both Polish citizens who flew into Sydney, via Melbourne, from Dubai on 27 February 2024. They were on tourist…
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- Case
- [2025] NSWDC 332
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
As to both Offenders:
(1) A term of imprisonment of 6 years to commence on 27 February 2024 and expire on 26 February 2030.
(2) There will be a minimum non-parole period of 3 years and 6 months, to commence on 27 February 2024 and expire on 26 August 2027.
(3) The first date the Offenders will be eligible for parole is 26 August 2027.
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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