R v Nabizadeh

Case [2022] NSWDC 150


District Court


New South Wales

Medium Neutral Citation: R v NABIZADEH [2022] NSWDC 150
Hearing dates: 18 March 2022
Date of orders: 9 May 2022
Decision date: 09 May 2022
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

Sentenced - see paragraph 63

The offender is sentenced to an aggregate sentence of 7 years and 6 months with a non-parole period of 4 years

Catchwords:

CRIME - drugs - Supply Prohibited Drug in Not less that the Large Commercial Quantity - MDMA - methylamphetamine - cocaine

SENTENCE - plea of guilty - offending committed whilst subject to conditional liberty - courier supporting drug habit

Legislation Cited:

Crimes (Sentencing Procedure) Act, 1999

Criminal Procedure Act, 1986

Cases Cited:

Brown v R [2014] NSWCCA 215

Hili & Jones v The Queen [2010] HCA 45

Hung v R [2019] NSWCCA 303

Mbele v R [2021] NSWCCA 182

Parente v R [2017] NSWCCA 284

R v Palu (2002) 134 A Crim R 174

R v Palu (2002) 134 A Crim R 174

The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 (2002) 56 NSWLR 146

Toller v R [2021] NSWCCA 204

Valentine v R [2020] NSWCCA 116

Category:Sentence
Parties: Regina
Ali NAZIBADEH
Representation: Counsel:
Mr T Bailey for the Crown
Mr T Thorpe for the offender
File Number(s): 2021/77414
Publication restriction: No

REMARKS ON SENTENCE

  1. The offender appeared at the Wagga Wagga Local Court on 20 October 2021 and entered pleas of guilty to two charges of Supply Prohibited Drug in Not less that the Large Commercial Quantity. Those pleas of guilty were adhered to at the sentence hearing at the Wagga Wagga District Court on 18 March 2022 and accordingly the offender is entitled to the full 25% discount for the utilitarian value of the pleas of guilty.

  2. In passing sentence in respect of the second of those charges the offender asks that I take into account a charge of Supply Prohibited Drug Not Less than Commercial Quantity which attaches to a Form 1 document. In passing sentence I will need to apply and have proper regard to the principles enunciated by the Court of Criminal Appeal in The Attorney General’s Application Under s 37 of the Crimes (Sentencing Procedure) Act 1999 No. 1 of 2002 otherwise known as the Guideline Judgment on Form 1 matters reported at (2002) 56 NSWLR 146. Given that the matter on the form 1 relates to 997 grams (i.e. almost a kilogram and 3 grams short of the large commercial quantity) of cocaine the matter on the Form 1 must have some meaningful impact on the sentence to be passed in respect of the matter to which it attaches.

  3. There is a further charge of Drive State False Name or Address which attaches to a Certificate pursuant to s 166 of the Criminal Procedure Act, 1986. As there must be a substantial custodial sentence passed in respect of the two charges of Supply Not Less…

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R v Nabizadeh [2022] NSWDC 150
Case
[2022] NSWDC 150
Decision Date

CaseChat Overview and Summary

The case of R v Nabizadeh was heard in the Supreme Court of New South Wales. The accused, Nabizadeh, was charged with supplying large commercial quantities of prohibited drugs, specifically MDMA, methylamphetamine, and cocaine. Nabizadeh pleaded guilty to the charges, which included the supply of drugs while on conditional liberty. The court was tasked with determining an appropriate sentence given the severity of the offending and the circumstances surrounding the accused's life at the time.

The primary legal issue before the court was to assess the appropriate sentence for Nabizadeh's drug supply activities, taking into account his guilty plea and the fact that the offending was committed while he was subject to conditional liberty. The court had to weigh the gravity of the offences against mitigating factors, such as the accused's decision to enter a guilty plea and his personal circumstances, including his use of the drugs to support his own habit as a courier.

The court considered various factors in determining the sentence. It assessed the volume of drugs supplied, the role of the accused in the drug supply chain, and the impact of his actions on the community. The court also recognised Nabizadeh's guilty plea as an indication of remorse and an acceptance of responsibility. Additionally, it acknowledged his struggle with drug addiction, which had influenced his involvement in the drug trade. After balancing these factors, the court determined that an aggregate sentence of 7 years and 6 months with a non-parole period of 4 years was appropriate.

The final orders of the court mandated that Nabizadeh be sentenced to a total of 7 years and 6 months imprisonment, with a non-parole period of 4 years. This sentence reflects the court's consideration of both the seriousness of the drug supply activities and the mitigating circumstances present in the case.

Orders

Orders of the court

Sentenced - see paragraph 63

The offender is sentenced to an aggregate sentence of 7 years and 6 months with a non-parole period of 4 years

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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