R v Naserabadi

Case [2025] NSWDC 261


District Court


New South Wales

Medium Neutral Citation: R v Naserabadi [2025] NSWDC 261
Hearing dates: 17 and 22 April 2025
Date of orders: 22 April 2025
Decision date: 22 April 2025
Jurisdiction:Criminal
Before: Neilson DCJ
Decision:

See par [35].

Catchwords:

CRIME – SENTENCE – Import commercial quantity of border controlled drug – 4.618kg pure methamphetamine – Foreign national – Offender elected not to give evidence to explain discrepancies in subjective evidence – Consideration of effect of sentence on family and dependents – Good prospects of rehabilitation.

Legislation Cited:

Criminal Code (Cth) s 307.1(1).

Crimes Act 1914 (Cth), s16A(2).

Cases Cited:

Kemal v R [2022] NSWCCA 83.

RvAbbas [2023] NSWDC 644, [32]-[37].

R v Abbas [2024] NSWCCA 228.

R v Agboti [2014] QCA 280.

Totaan v R [2022] NSWCCA 75.

Zaugg v R [2020] NSWCCA 53.

Texts Cited:

Nil.

Category:Sentence
Parties: Crown – R (Cth)
Offender – Bahareh Naserabadi
Representation:

Counsel:
Crown – Ms New, D.
Offender – Mr Valentin, M.

Solicitors:
Crown – Office of the Director of Public Prosecutions (Cth)
Offender - Dehsabzi Lawyers
File Number(s): 2023/00303366
Publication restriction: Nil.

Judgment

  1. HIS HONOUR: Bahareh Naserabadi stands for sentence as a consequence of pleading guilty to a charge that on 23 September 2023 at Mascot in this State she did import a substance, the substance being a border controlled drug, namely methamphetamine and the quantity imported being a commercial quantity. That is an offence contrary to the Criminal Code (Cth) s 307.1(1). The maximum penalty for that offence is imprisonment for life and/or a fine of $2,347,500.

Facts

  1. On 23 September 2023, the appellant arrived at Mascot Airport on an international flight.  She entered the plea of guilty on 18 December 2024 at the Downing Centre Local Court.

  2. This case is not a normal case of this type of offending.  At the time that she landed in Australia, the offender was 45 years old.  She was travelling with her two children, a son, Dennis, then aged ten, and a daughter, Alexa, who was then aged seven. There is before me a statement of agreed facts, albeit that it has at its heading the words Proposed Agreed Statement of Facts, but it has been signed by the offender.

  3. At about 8.50pm on Thursday, 23 September 2023, Greenwich Mean Time, the offender, together with her son and daughter, left London on Qantas flight QF2.  At about 5.40pm on 22 September 2023, they arrived at Changi Airport in Singapore.  There they had a short layover.  At about 8.30pm on that evening the offender and her children left Singapore on QF82 bound for Sydney.  The offender is a citizen of the United Kingdom and was travelling on a United Kingdom passport issued on 7 December 2016 for a period of 10 years.  The offender was travelling with two items of checked luggage, both of which were checked in her name and had Qantas baggage tags attached to them.  They had been wrapped in…

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Details
AGLC
R v Naserabadi [2025] NSWDC 261
Case
[2025] NSWDC 261
Decision Date

CaseChat Overview and Summary

The matter before the court involved the sentencing of an individual, Naserabadi, who was found guilty of importing a commercial quantity of a border-controlled drug, specifically 4.618 kilograms of pure methamphetamine. Naserabadi, being a foreign national, faced significant penalties under Australian law for this serious offence. The case was heard in the relevant court, which considered the appropriate sentence for the offence, taking into account various mitigating and aggravating factors.

The primary legal issues the court had to address included the determination of an appropriate sentence for the importation of a commercial quantity of a border-controlled drug and the consideration of personal circumstances, including the impact on Naserabadi's family and dependents. The court also had to assess the prospects of rehabilitation and the potential deterrent effect of the sentence on others considering similar criminal activities.

The court carefully considered the evidence and submissions presented, including the quantity and purity of the drug involved, the role of Naserabadi in the importation, and the personal circumstances of the offender. The court noted that Naserabadi had elected not to give evidence, which impacted the assessment of his subjective circumstances. Balancing the seriousness of the offence against the potential for rehabilitation and the impact on Naserabadi's family, the court determined a sentence that aimed to reflect both the gravity of the crime and the personal mitigating factors.

The court ordered that Naserabadi be sentenced to a term of imprisonment, along with a non-parole period, reflecting the seriousness of the offence and the need for general and specific deterrence. The precise details of the sentence, including the term and non-parole period, were set out in paragraph [35] of the judgment.

Orders

Orders of the court

See par [35].

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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