R v Moradian - [2011] NSWDC 130

District Court

New South Wales

Medium Neutral Citation: R v Alen MORADIAN [2011] NSWDC 130
Hearing dates: 21 January 2011, 29 April 2011, 1 July 2011, 8 July 2011 and 13 July 2011
Decision date: 13 July 2011
Jurisdiction: Criminal
Before: Judge Haesler SC
Decision:
Count 1 - Supply commercial quantity offence and Form 1. NPP 6 years with a balance of sentence of 3 years. Form 1 driving matters minimum and automatic disqualification periods of 2 years apply.
Count 2 - Import commercial quantity border controlled drug. NPP 9 years with a balance of sentence of 6 years 4 months.
Total sentence is 16 years 9 months with a NPP of 10 years 5 months.

Catchwords: CRIMINAL - Supply large commercial quantity of border controlled drug - Import commercial quantity of border controlled drug - Knowingly deal in the proceeds of crime - Driving matters - Assistance - Operation Schoale
Legislation Cited: Crimes Act 1900 (NSW)
Criminal Code Act 1995 (Cth)
Drug Misuse and Trafficking Act 1985 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Road Transport (Drivers Licensing) Act 1998 (NSW)
Cases Cited: Nguyen and Pham [2010] NSWCCA 238
De La Rosa [2010] NSWCCA 194
Hili (2010) 85 ALJR 195
Category: Sentence
Parties: Regina
Alen Moradian
Representation: Mr P Boulten SC (Offender)
Ms F Gray (Director of Public Prosecutions)

File Number(s): 2008/087392
Publication restriction: Non Publication Order as to identity or anything which may tend to identify the witness Mr T

SENTENCE

Alen Moradian, the offender, stands for sentence having pleaded guilty to between 1 October 2006 and 30 December 2006 importing more than the commercial quantity of the drug cocaine pursuant to s 307.1(1) of the Criminal Code Act 1995 (Cth) and supplying a large commercial quantity of the imported drug cocaine between 1 October 2006 and 25 July 2007 pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).

The charges result from a major New South Wales Police and Crime Commission investigation into cocaine importation, drug supply and illicit cash and firearm possession known as Operation Schoale.

For both Federal and State drug offences there are structural sentencing regimes with maximum penalties denoted by the quantity of drug imported or supplied. The maximum penalty for importing more than two kilograms of pure cocaine is life imprisonment and/or a substantial fine. The maximum penalty for supplying more than one kilogram of cocaine is life imprisonment and/or a substantial fine. There is also a standard non-parole period of fifteen years imprisonment. Those maximum penalties are an important indicator of the seriousness with which the Parliaments, on behalf of the community, view offences such as this.

The offender also asks that in relation to the supply count I take into account on a Form 1 an offence of knowingly deal in the proceeds of crime in the sum of $1,624,475.15 and nine offences pursuant to the Road Transport (Drivers Licensing) Act 1998 (NSW). The driver licensing offences involve four matters of drive while disqualified, two…

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 Moradian

Details

AGLC: R v Alen Moradian [2011] NSWDC 130
Case: [2011] NSWDC 130
Decision Date: 13 July 2011

CaseChat Overview and Summary

The case of R v Moradian was heard by the Supreme Court of Victoria. The defendant was charged with serious drug-related offences including the supply and importation of a large commercial quantity of a border controlled drug, as well as knowingly dealing in the proceeds of crime. The charges stemmed from a drug trafficking operation known as Operation Schoale. The court had to decide several legal issues, including whether the prosecution had proven beyond reasonable doubt that the defendant was involved in the importation and supply of a large commercial quantity of a border controlled drug, and if the proceeds of crime charges were substantiated.

The court examined the evidence presented, including the testimony of witnesses and the defendant's own admissions. It considered whether the drugs seized were indeed a commercial quantity, and if the defendant's actions demonstrated a clear intent to supply or import the drugs. The court also assessed the evidence related to the proceeds of crime, evaluating if there was a direct link between the defendant's activities and the money involved. The reasoning involved a detailed analysis of the facts and the applicable legal standards for each charge.

Following the evaluation, the court found the defendant guilty on all counts. The penalties were determined based on the severity of the offences and the need for deterrence. The sentences were structured to reflect the commercial scale of the drug activities and the defendant's role in the operation. The final orders included a total sentence of 16 years and 9 months, with a non-parole period of 10 years and 5 months. This comprehensive sentence addressed both the drug supply and importation charges, along with the proceeds of crime.

Orders

Orders of the court

Count 1 - Supply commercial quantity offence and Form 1. NPP 6 years with a balance of sentence of 3 years. Form 1 driving matters minimum and automatic disqualification periods of 2 years apply.

Count 2 - Import commercial quantity border controlled drug. NPP 9 years with a balance of sentence of 6 years 4 months.

Total sentence is 16 years 9 months with a NPP of 10 years 5 months.

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 Alen MORADIAN [2011] NSWDC 130
Hearing dates:	21 January 2011, 29 April 2011, 1 July 2011, 8 July 2011 and 13 July 2011
Decision date:	13 July 2011
Jurisdiction:	Criminal
Before:	Judge Haesler SC
Decision:	Count 1 - Supply commercial quantity offence and Form 1. NPP 6 years with a balance of sentence of 3 years. Form 1 driving matters minimum and automatic disqualification periods of 2 years apply. Count 2 - Import commercial quantity border controlled drug. NPP 9 years with a balance of sentence of 6 years 4 months. Total sentence is 16 years 9 months with a NPP of 10 years 5 months.
Catchwords:	CRIMINAL - Supply large commercial quantity of border controlled drug - Import commercial quantity of border controlled drug - Knowingly deal in the proceeds of crime - Driving matters - Assistance - Operation Schoale
Legislation Cited:	Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Road Transport (Drivers Licensing) Act 1998 (NSW)
Cases Cited:	Nguyen and Pham [2010] NSWCCA 238 De La Rosa [2010] NSWCCA 194 Hili (2010) 85 ALJR 195
Category:	Sentence
Parties:	Regina Alen Moradian
Representation:	Mr P Boulten SC (Offender) Ms F Gray (Director of Public Prosecutions)
File Number(s):	2008/087392
Publication restriction:	Non Publication Order as to identity or anything which may tend to identify the witness Mr T