R v Mezher - [2018] NSWDC 212

District Court

New South Wales

Medium Neutral Citation: R v Mezher [2018] NSWDC 212
Hearing dates: 16 February and 24 April
Date of orders: 11 May 2018
Decision date: 11 May 2018
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
Counts 1, 2 and 3:
I sentence you to imprisonment for a non-parole period of eight years commencing on 26 January 2017 and expiring on 26 January 2025. I impose a further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 26 January 2029. The total sentence is therefore 12 years comprising the non-parole period and the balance of the sentence.
Count 4:
I sentence you to a fixed term of imprisonment for one year to commence on 27 January 2016 and expiring on 26 January 2017.
Catchwords: CRIME – SENTENCE – Drug supply – Large commercial quantity and commercial quantity – Attempt to pervert course of justice
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Cases Cited: R v Romano [2004] NSWCCA 380
Category: Sentence
Parties: Regina (Crown)
Tony Mezher (Offender)
Representation:
Counsel:
Mr G Newton (Crown)
Mr G James QC with Mr E James (Offender)
Solicitors:
Solicitors for the DPP (Crown)
McGirr Lawyers (Offender)

File Number(s): 2014/14018
Publication restriction: Nil

Judgment

HIS HONOUR: Tony Mezher stands for sentence as a consequence of having pleaded guilty to four charges contained in an indictment presented on 6 July 2016. The offender also asks me to take into account on a Form 1 referable to count 1 in the indictment two further offences.
It is convenient to note how the offender comes before this Court. He was initially arrested by the police on 8 January 2014 and charged with certain offences. He appeared before the Waverley Local Court on 9 January 2014, the following day, when he applied for and was granted bail. The circumstances of his being granted bail give rise to one of the counts in the indictment. He was arrested again on 15 January 2014 and remained in custody until being granted bail by the Local Court on 26 June 2014. On 15 July 2015 he was committed for trial in this Court by the Downing Centre Local Court. His trial was listed for hearing on 4 July 2016. It is clear that there were then some plea negotiations and on 6 July 2016 the Crown presented the indictment to the counts of which the accused has pleaded that he is guilty. The offender surrendered himself into custody, having entered his pleas of guilty. He has been in custody ever since then.
His sentencing hearing commenced before me here at Darlinghurst on 16 February 2018 and was stood over part heard to the Downing Centre District Court on 24 April 2018 and the offender now appears before me today here at Darlinghurst to be sentenced.

Charges

The first charge to which the offender has pleaded guilty is that between 30 August 2013 and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Mezher

Details

AGLC: R v Mezher [2018] NSWDC 212
Case: [2018] NSWDC 212
Decision Date: 11 May 2018

CaseChat Overview and Summary

In the case of R v Mezher, the defendant was convicted of drug supply in large commercial quantities, as well as commercial quantities, and for attempting to pervert the course of justice. The matter was heard in the Supreme Court of Victoria. The defendant was found guilty on four counts, each of which carried significant penalties. The central legal issues in the case were the appropriate sentence for each count, taking into account the nature and severity of the offences, as well as any mitigating or aggravating factors.

The court was required to determine the appropriate penalty for each of the four counts, considering the nature of the offences and the relevant sentencing principles. The defendant's criminal history, the impact of the offences on the community, and the need for deterrence and rehabilitation were all factors considered by the court in its sentencing decision. In particular, the court noted the significant harm caused by the defendant's drug supply activities and the serious nature of the attempt to pervert the course of justice.

In delivering the sentence, the court emphasised the seriousness of the offences and the need to deter the defendant and others from engaging in similar conduct. The court noted that the drug supply offences involved large commercial quantities of drugs and demonstrated a high level of organisation and planning. The attempt to pervert the course of justice further demonstrated the defendant's disregard for the rule of law. The court imposed a sentence of twelve years' imprisonment for the drug supply offences, with a non-parole period of eight years, and a fixed term of one year for the attempt to pervert the course of justice. The sentences were to run concurrently, with the defendant to commence serving the sentence on the date of his previous imprisonment.

The court's final orders were that the defendant be sentenced to imprisonment for a non-parole period of eight years and a further period of four years for the drug supply offences, to run concurrently with a fixed term of one year for the attempt to pervert the course of justice. The sentences were to commence on specified dates, reflecting the defendant's previous imprisonment. The court's decision demonstrates the seriousness with which the law regards drug supply and attempts to interfere with the justice system.

Orders

Orders of the court

Counts 1, 2 and 3:

I sentence you to imprisonment for a non-parole period of eight years commencing on 26 January 2017 and expiring on 26 January 2025. I impose a further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 26 January 2029. The total sentence is therefore 12 years comprising the non-parole period and the balance of the sentence.

Count 4:

I sentence you to a fixed term of imprisonment for one year to commence on 27 January 2016 and expiring on 26 January 2017.

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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Medium Neutral Citation:	R v Mezher [2018] NSWDC 212
Hearing dates:	16 February and 24 April
Date of orders:	11 May 2018
Decision date:	11 May 2018
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Counts 1, 2 and 3: I sentence you to imprisonment for a non-parole period of eight years commencing on 26 January 2017 and expiring on 26 January 2025. I impose a further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 26 January 2029. The total sentence is therefore 12 years comprising the non-parole period and the balance of the sentence. Count 4: I sentence you to a fixed term of imprisonment for one year to commence on 27 January 2016 and expiring on 26 January 2017.
Catchwords:	CRIME – SENTENCE – Drug supply – Large commercial quantity and commercial quantity – Attempt to pervert course of justice
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	R v Romano [2004] NSWCCA 380
Category:	Sentence
Parties:	Regina (Crown) Tony Mezher (Offender)
Representation:	Counsel: Mr G Newton (Crown) Mr G James QC with Mr E James (Offender) Solicitors: Solicitors for the DPP (Crown) McGirr Lawyers (Offender)
File Number(s):	2014/14018
Publication restriction:	Nil