District Court
New South Wales
Medium Neutral Citation: R v Mostafa Dib [2020] NSWDC 145 Hearing dates: 3 February 2020; 27 April 2020 Decision date: 27 April 2020 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: The offender is convicted. Taking into account a combined discount of 30%, I impose a sentence of imprisonment consisting of a non-parole period of 12 years imprisonment commencing on 8 August 2017 and expiring on 7 August 2029, with a balance of term of 6 years 2 months imprisonment, expiring on 7 October 2035.
Catchwords: CRIME — Drug offences — Commonwealth offences — Conspiracy to import border-controlled drug — commercial quantity of MDMA — relevance of police undercover operation
SENTENCING — relevance of COVID-19 pandemic to determination of appropriate sentence — onerous conditions in custody — institutionalisation.Legislation Cited: Crimes Act 1914 (Cth), ss 16B, 16E(1), 17A Cases Cited: Assafiri v R [2007] NSWCCA 159
Brown v R [2020] VSC 60
DPP (Cth) v Politopoulos [2020] VCC 338
DPP v Morey (a pseudonym) [2020] VCC 320
DPP v Tennison [2020] VCC 343
Hampton v R [2014] NSWCCA 131
Karpinski v R (2011) 32 VR 85
R v David (Court of Criminal Appeal (NSW), 20 April 1995, unrep)
R v Niass (Court of Criminal Appeal (NSW), 6 Nov 1988, unrep)
R v Renzalla [1997] 2 VR 88
R v Wai Lam Chan; R v Wai Kit Leung (District Court (NSW), 14 May 2019, unrep)
Rakielbakhour v DPP [2020] NSWSC 323
Silvano v R (2008) 184 A Crim R 593
Tepania v R [2018] NSWCCA 247
Wong & Leung v The Queen (2001) 207 CLR 584Texts Cited: Communicable Diseases Network Australia, ‘CDNA Guidelines for the Prevention, Control and Public Health Management of COVID-19 Outbreaks in Correctional and Detention Facilities in Australia’ (Guideline, 31 March 2020)
Corrective Services NSW, ‘CSNSW Response to COVID-19’ (25 March 2020)Category: Sentence Parties: Commonwealth Director of Public Prosecutions
Mostafa DibRepresentation: Counsel:
Solicitors:
L Crowley QC with P McEniery (CDPP)
S Buchen SC with G Lewer (Offender)
A Payten (CDPP)
R Parker (Offender)
File Number(s): 2017/00282598 Publication restriction: A suppression order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) applies to paragraphs [186], [187] and [188] of this judgment. The order is made on the grounds specified in ss 8(1)(a), (c) and (e) of the Act. A further suppression order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) applies to portions of paragraphs [12], [15], [21] and [43] of this judgment. The order is made on the grounds specified in ss 8(1)(a) and (e) of the Act.
Judgment
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Mostafa Dib, the offender, is one of a number of offenders to be sentenced by me in relation to criminal activity which came to light as a result of an investigation conducted by Australian Federal Police in 2016. The investigation of these criminal activities, known as Operation Veyda, involved extensive physical and electronic surveillance over a period of more than one…
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- AGLC
- R v Mostafa Dib [2020] NSWDC 145
- Case
- [2020] NSWDC 145
- Decision Date
CaseChat Overview and Summary
The court considered the nature and seriousness of the offence, the level of Dib's involvement, and the potential deterrent effect of the sentence. Additionally, the court examined the impact of Dib's time in custody, particularly the unique challenges posed by the COVID-19 pandemic, on his overall sentence. The court also acknowledged the significant institutionalisation Dib had experienced as a result of his time in custody.
Following its analysis, the court determined that an appropriate sentence would be one that balanced the need for punishment and deterrence with the circumstances of the offender. The court imposed a sentence of imprisonment consisting of a non-parole period of 12 years, commencing on 8 August 2017 and expiring on 7 August 2029, with a balance of term of 6 years 2 months imprisonment, expiring on 7 October 2035. This sentence reflects the gravity of the offence, while also taking into account the unique factors presented by Dib's case.
Orders
Orders of the court
The offender is convicted. Taking into account a combined discount of 30%, I impose a sentence of imprisonment consisting of a non-parole period of 12 years imprisonment commencing on 8 August 2017 and expiring on 7 August 2029, with a balance of term of 6 years 2 months imprisonment, expiring on 7 October 2035.
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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