District Court
New South Wales
Medium Neutral Citation: R v Mowlawisada [2023] NSWDC 401 Hearing dates: 7 July 2023, 18 August 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Criminal Before: Judge Fitzsimmons SC DCJ Decision: (1) The offender, having pleaded guilty to Counts 2, 3, 4 and 7 is convicted of those offences.
(2) I impose a total aggregate sentence of imprisonment of 6 years to date from 24 November 2021 and to expire on 23 November 2027.
(3) I impose a non-parole period of 3 years 1 months to date from 24 November 2021 and expiring on 23 December 2024.
(4) The earliest date the offender is eligible to be released on parole is 23 December 2024.
Catchwords: CRIME – sentence – possess unauthorised pistol – possess prohibited firearm - dealing with proceeds of crime - supply prohibited drug commercial quantity – 10% discount for guilty plea – disadvantaged upbringing – mental health impairment at time of offending – rehabilitation – special circumstances – reduced non parole
Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 21A(2), 25D(2)(b), 37, 53A
Crimes Act 1900, s 193B(2)
Drug Misuse and Trafficking Act 1985, ss 25(1), 25(2), 10
Firearms Act 1996, ss 4(1), 7(1), 36(1), 65(3), 74(1), 74(3)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
Cases Cited: Abbas, Bodiotios, Talev and Amoun v R [2013] NSWCCA 115
BP v R (2010) 201 A Crim R 379; [2010] NSWCCA 15
Bugmy v R (2013) 249 CLR 571; [2013] HCA 37
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Hoskins v R [2021] NSWCCA 169
R v Farrell [2015] NSWCCA 68
R v Pak [2015] NSWCCA 45
Rakielbakhour v DPP [2020] NSWSC 323
Sumrein v R [2019] NSWCCA 83
TM v R [2023] NSWCCA 185
Category: Sentence Parties: Rex (Crown)
Ibrahim MowlawisadaRepresentation: Counsel:
Solicitors:
Mr J Peluso (Offender)
Office of the Department of Public Prosecutions (NSW) (Crown)
Astoria Lawyers (Offender)
File Number(s): 2021/00334795 Publication restriction: N/A
JUDGMENT
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The offender is to be sentenced in respect of four offences, having entered a plea of guilty at the third arraignment listing following committal for trial. The four offences are as follows: –
Count 2 - Supply prohibited drug (not less than the commercial quantity) (417.95 grams of methamphetamine) contrary to s 25(2) the Drug Misuse and Trafficking Act 1985. The maximum penalty is 20 years imprisonment with a standard non-parole period of 10 years. Attached to this offence on a Form 1 is an offence of supply prohibited drug (14.12 g of cocaine) contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 and possess prohibited drug (3.6 g of cannabis leaf) contrary to s 10 of the Drug Misuse and Trafficking Act 1985.
Count 3 - Knowingly possess proceeds of crime ($87,960) contrary to s 193B(2) of the Crimes Act 1900. The maximum penalty is 15 years imprisonment with no standard non-parole period .
Count 4…
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- AGLC
- R v Mowlawisada [2023] NSWDC 401
- Case
- [2023] NSWDC 401
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the offender's background and mental health at the time of the offending warranted a reduced sentence, and if the discount for a guilty plea should apply. The court considered the offender's disadvantaged upbringing and mental health impairment as mitigating factors, but also noted the seriousness of the offences committed. The court also considered the offender's early guilty plea as a mitigating factor, which resulted in a 10% discount to the sentence. The court found that the offender's background and mental health impairment did warrant a reduced non-parole period, but the offences committed were still serious enough to warrant a significant sentence.
The court took into consideration the principles of deterrence, denunciation, rehabilitation, and protection of the community in determining the sentence. The court found that the sentence imposed would adequately reflect the seriousness of the offences, provide for the protection of the community, and provide an opportunity for the offender's rehabilitation. The court also found that the offender's disadvantaged upbringing and mental health impairment at the time of offending were significant mitigating factors, but not sufficient to warrant a significant reduction in the sentence. The court ultimately determined that a total aggregate sentence of imprisonment of 6 years and 3 months, with a non-parole period of 3 years and 1 month, was appropriate in this case. The offender is eligible for parole after serving the non-parole period.
Orders
Orders of the court
(1) The offender, having pleaded guilty to Counts 2, 3, 4 and 7 is convicted of those offences.
(2) I impose a total aggregate sentence of imprisonment of 6 years to date from 24 November 2021 and to expire on 23 November 2027.
(3) I impose a non-parole period of 3 years 1 months to date from 24 November 2021 and expiring on 23 December 2024.
(4) The earliest date the offender is eligible to be released on parole is 23 December 2024.
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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