R v Rabieh - [2023] NSWDC 436

District Court

New South Wales

Medium Neutral Citation: R v Rabieh [2023] NSWDC 436
Hearing dates: 29/5/23-14/6/23, 16/6/23, 18/8/23, 1/9/23
Date of orders: 1/9/23
Decision date: 01 September 2023
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to an aggregate term of imprisonment of 9 years 2 months with a NPP of 5 years 6 months (4/2/22-3/8/27). I find special circumstances.
The indicative sentences are:
Count 1 – 9 years with NPP 5 years 4 months
Count 2 – 7 years with NPP 4 years 2 months
Count 3 – 12 months
The Psychiatrist report of Dr Simonelli dated 12/8/23, and the Psychologist report of C Awit dated 4/11/19, both contained in sentence Exhibit 1, are to be forwarded to Corrective Services and Justice Health.
Def applies for appeals bail pursuant to s62 of the Bail Act 2013. I note that no grounds of appeal have been provided by the Def. Application refused.

Catchwords:
Crime – Sentence – Knowingly take part in supply of large commercial quantity of methylamphetamine – Possessing proceeds of crime – Hardship to the offender’s family

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Bugmy v The Queen (2013) 241 CLR 571
Commonwealth Director of Public Prosecutions v De La Rosa [2010] 273 ALR 324
Fato v R [2017] NSWCCA 190
Le v R [2006] NSWCCA 136
Melikian v R [2008] NSWCCA 156
Nasrallah v R [2021] NSWCCA 207
R v Edwards (1996) 90 A Crim R 510
R v Nguyen [2006] NSWCCA 369.
R v Togias [2001] 127 A Crim R 23

Category: Sentence
Parties: NSW DPP – Crown
Yosra Rabieh - Offender
Representation: Mr M Gleeson for Crown
Mr DW Phillips for Offender

File Number(s): 2018/58863

remarks on sentence

On 14 June 2023, after a trial of about 14 days, a jury found the offender guilty of Counts 1 and 2 on the indictment, each being an offence of knowingly take part in the supply of not less than a large commercial quantity of methamphetamine. The jury also found her guilty of Count 3 which is an offence of possessing property in circumstances where there are reasonable grounds to suspect that the property was the proceeds of crime, namely the supply of prohibited drugs, and the amount specified in the charge is $264,750.
The offender is to be sentenced for those three offences. The maximum penalty for Counts 1 and 2 is life imprisonment, and a standard non-parole period of 15 years is specified.
In relation to Count 3 the maximum penalty is five years imprisonment. Maximum penalties, and, where applicable, standard non-parole periods, are important guideposts to which I have had regard in the sentencing exercise.

FACTS

The facts for the purposes of sentence are to be determined by the court, although any findings must be consistent with the jury verdicts. Matters in aggravation need to be proved beyond reasonable doubt, while matters in mitigation need only be proved on the balance of probabilities.
I find the following facts.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Rabieh

Details

AGLC: R v Rabieh [2023] NSWDC 436
Case: [2023] NSWDC 436
Decision Date: 01 September 2023

CaseChat Overview and Summary

The case of R v Rabieh involved the defendant, Rabieh, who was convicted and sentenced for his involvement in the supply of a large commercial quantity of methylamphetamine, as well as for possessing proceeds of crime. The case was heard and determined by the court. The primary legal issue before the court was to determine an appropriate sentence for Rabieh, taking into account the severity of his crimes, the proceeds of his criminal activity, and the potential hardship to his family.

The court had to carefully consider the various factors in arriving at an aggregate sentence. These included the nature and extent of Rabieh's involvement in the supply of methylamphetamine, the quantity involved, and the proceeds of crime. Additionally, the court examined the impact of the sentence on Rabieh’s family, particularly any potential hardship that might arise from his imprisonment. The court also reviewed psychiatric and psychological reports to gain insights into Rabieh's mental health and behaviour, which could inform the sentencing process.

In delivering the sentence, the court concluded that an aggregate term of imprisonment of 9 years and 2 months was appropriate, with a non-parole period of 5 years and 6 months. The court found special circumstances, taking into account the factors mentioned. The court also mandated that the psychiatric and psychological reports be forwarded to Corrective Services and Justice Health for their records. The application for appeal bail was refused, as no grounds for appeal had been provided by the defendant.

The final orders included the aggregate sentence and the non-parole period, as well as instructions for the forwarding of the psychiatric and psychological reports. The court's decision reflects a balanced approach, considering the gravity of the crimes, the proceeds involved, and the potential impact on Rabieh's family.

Orders

Orders of the court

Convicted and sentenced to an aggregate term of imprisonment of 9 years 2 months with a NPP of 5 years 6 months (4/2/22-3/8/27). I find special circumstances.

The indicative sentences are:

Count 1 – 9 years with NPP 5 years 4 months

Count 2 – 7 years with NPP 4 years 2 months

Count 3 – 12 months

The Psychiatrist report of Dr Simonelli dated 12/8/23, and the Psychologist report of C Awit dated 4/11/19, both contained in sentence Exhibit 1, are to be forwarded to Corrective Services and Justice Health.

Def applies for appeals bail pursuant to s62 of the Bail Act 2013. I note that no grounds of appeal have been provided by the Def. Application refused.

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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Medium Neutral Citation:	R v Rabieh [2023] NSWDC 436
Hearing dates:	29/5/23-14/6/23, 16/6/23, 18/8/23, 1/9/23
Date of orders:	1/9/23
Decision date:	01 September 2023
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to an aggregate term of imprisonment of 9 years 2 months with a NPP of 5 years 6 months (4/2/22-3/8/27). I find special circumstances. The indicative sentences are: Count 1 – 9 years with NPP 5 years 4 months Count 2 – 7 years with NPP 4 years 2 months Count 3 – 12 months The Psychiatrist report of Dr Simonelli dated 12/8/23, and the Psychologist report of C Awit dated 4/11/19, both contained in sentence Exhibit 1, are to be forwarded to Corrective Services and Justice Health. Def applies for appeals bail pursuant to s62 of the Bail Act 2013. I note that no grounds of appeal have been provided by the Def. Application refused.
Catchwords:	Crime – Sentence – Knowingly take part in supply of large commercial quantity of methylamphetamine – Possessing proceeds of crime – Hardship to the offender’s family
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Bugmy v The Queen (2013) 241 CLR 571 Commonwealth Director of Public Prosecutions v De La Rosa [2010] 273 ALR 324 Fato v R [2017] NSWCCA 190 Le v R [2006] NSWCCA 136 Melikian v R [2008] NSWCCA 156 Nasrallah v R [2021] NSWCCA 207 R v Edwards (1996) 90 A Crim R 510 R v Nguyen [2006] NSWCCA 369. R v Togias [2001] 127 A Crim R 23
Category:	Sentence
Parties:	NSW DPP – Crown Yosra Rabieh - Offender
Representation:	Mr M Gleeson for Crown Mr DW Phillips for Offender
File Number(s):	2018/58863