R v Panwar

[2013] VCC 1073

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE

CRIMINAL DIVISION

Case No.

DIRECTOR OF PUBLIC PROSECUTIONS

v

PARDEEP PANWAR

---

JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	23 July 2013
CASE MAY BE CITED AS:	R v. Panwar
MEDIUM NEUTRAL CITATION:	[2013] VCC 1073

REASONS FOR SENTENCE
---

Subject:  
Catchwords:            
Legislation Cited:    
Cases Cited:            
Sentence:                

---

APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A. Albert
For the Accused	Mr J. Kaufman

HER HONOUR:

1       Pardeep Panwar I am going to sentence you today.  You are a bit player in the sorry saga that I have heard of today in relation to the activities of Mr Khoder and, to a lesser extent, Mr Dinah.

2       I am satisfied on the materials before me that but for your relationship of employment and then friendship that you had developed with Mr Khoder, you would not have become involved.  I am satisfied that at the time that you agreed to rent a room in your house to Mr Khoder there was no material that suggests that you were aware that he was engaged in activities relating to the manufacture of ecstasy and that you became aware of that a very short time afterwards.  I am satisfied that you were put in a position where a stronger person, and a person who did not have a situation of dependency, may well have said, no, you are not allowed to do that, and terminated the relationship, but the power imbalance in the relationship and perhaps - although you are an older person - the fact that you had been in this country less time and had less around you in the way of family supports, left you in a position where you chose to turn a blind eye, or chose to allow this to happen, although you were aware it was happening and it was wrong.

3       In allowing Mr Khoder to store chemicals and materials to set up the garage in your rented property as a laboratory, and to embark upon a process of manufacturing ecstasy, you put yourself in a position where a person who, up until the age of 27, had led a blameless life in India and Australia, became a person who was a facilitator in more serious criminal activity, and it is for that, that you come to be sentenced, on the charge of possession of items relating to the manufacture of MDA for the purpose of trafficking.

4       The absence of previous convictions and of subsequent convictions, the fact that you lost or left your employment straight afterwards, that you indicated a preparedness to plead guilty from an early stage, and that you have maintained that position, all indicate to me that the view I have taken of the circumstances is well supported by the materials and the submission put by your counsel, Mr Kaufman, that you are unlikely to come to the attention of a criminal court again, is well founded.

5       In the circumstances, I think it appropriate to release you upon an undertaking that you be of good behaviour for a period of six months.

6       In the circumstances I consider it appropriate, having regard to your previous good character and the power imbalance to which I have referred, to not record a conviction against your name.  You must understand that you must be of good behaviour for six months, that you must come before this court if called upon to do so and that if you commit any offence within the period of this adjourned undertaking, that you will be breaching this undertaking and therefore you will be required to be dealt with, not only for any subsequent offence you commit but also to be back before me to explain your circumstances and to be re-sentenced for this offence.

7       You may leave the dock and when the court is adjourned you will be free to leave the court.  You can take a seat with your wife behind your counsel.

---