R v Ranjbarian - [2021] NSWDC 660

District Court

New South Wales

Medium Neutral Citation: R v Ranjbarian [2021] NSWDC 660
Hearing dates: 8/3/21, 9/3/21, 17/6/21, 1/7/21, 20/8/21, 3/9/21, 15/9/21
Date of orders: 15/9/21
Decision date: 15 September 2021
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Re Count 2 State offence – I impose a fixed term of imprisonment of 2 years (1/10/19-30/9/21). The two matters on the Form 1 are taken into account. I have applied a discount of 5 percent for the plea of guilty.
Re Count 1 Commonwealth offence – I impose a total term of imprisonment of 8 years(1/7/20-30/6/28) with a NPP of 4 years 6 months (1/7/20-31/12/24). The matter on the s16BA certificate is taken into account. I have applied a discount of 10 percent for the plea of guilty and other matters.
Therefore the total effective sentence is 8 years 9 months with NPP 5 years 3 months.

Catchwords:
Crime – Sentence - Import commercial quantity of methamphetamine - Knowingly take part in supply of methamphetamine – Commonwealth and State offences – Late plea

Legislation Cited:
Commonwealth Criminal Code 1995
Crimes Act 1914
Crimes (Sentencing Procedure) Act 1999

Cases Cited:
Doudar v R [2021] NSWCCA 37
Gore v R [2010] NSWCCA 330
Mbele v R [2021] NSWCCA 182
Moody v R [2020] NSWCCA 160
Muldrock v The Queen (2011) 244 CLR 120

Category: Sentence
Parties: Commonwealth DPP – Crown
Hamid Ranjbarian - Offender
Representation: Mr G Craddock for Crown
Mr G Stanton for Offender

File Number(s): 2019/57591

sentence

Hamid Ranjbarian is for sentence in relation to two offences:
Count 1 being an offence of conspiring between 19 July 2018 and 20 February 2019 to import a commercial quantity of a border controlled drug, namely methamphetamine, that being an offence under s 307.1(1) and s 11.5(1) of the Commonwealth Criminal Code 1995 and which carries a maximum penalty of life imprisonment. In sentencing him for that offence he asks that I take into account a further conspiracy offence on a s 16BA schedule, the maximum penalty for that offence, had it been dealt with, also being life imprisonment.
The second count on which Mr Ranjbarian is to be sentenced is a State offence of knowingly take part in supply of 200 grams of methamphetamine on 30 January 2019. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act 1985 which carries a potential maximum penalty of 15 years imprisonment. In sentencing him for that offence he asks that I take into account two other offences of knowingly take part in supply, which are on a Form 1 document.
The maximum penalties to which I have made reference are, of course, important guideposts in the sentencing exercise.
Mr Ranjbarian entered pleas of guilty at a very late stage, namely the day after his trial was due to commence. It is agreed that in relation to the State matter he is entitled to a discount of 5%. In relation to the Commonwealth matter there is no specified quantum of discount…

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 Ranjbarian

Details

AGLC: R v Ranjbarian [2021] NSWDC 660
Case: [2021] NSWDC 660
Decision Date: 15 September 2021

CaseChat Overview and Summary

In the matter of R v Ranjbarian, the defendant was charged with multiple offences related to the importation and supply of a commercial quantity of methamphetamine. The case was heard in the relevant Australian court, where the defendant pleaded guilty to all charges. The court was tasked with determining the appropriate sentence for the defendant, taking into account the nature of the offences and the plea of guilty.

The legal issues before the court included the severity of the offences, the defendant's role in the importation and supply of methamphetamine, and the impact of the plea of guilty on the sentencing. The court also had to consider the appropriate discount to apply for the guilty plea and the need for deterrence and rehabilitation in the sentencing process.

In delivering the judgment, the court first considered the seriousness of the offences, noting the significant quantities of methamphetamine involved and the defendant's active participation in the supply chain. The court then applied the relevant sentencing principles, including the need for punishment, deterrence, and rehabilitation. The court applied a discount for the guilty plea, taking into account the late plea and other mitigating factors. Ultimately, the court imposed a fixed term of imprisonment for the state offence and a total term of imprisonment for the Commonwealth offence, with non-parole periods calculated accordingly.

The court's final orders were that the defendant would serve a fixed term of imprisonment of 2 years for the state offence, with a commencement date of 1 October 2019 and an expiry date of 30 September 2021. For the Commonwealth offence, the defendant was to serve a total term of imprisonment of 8 years with a non-parole period of 4 years and 6 months, commencing on 1 July 2020 and expiring on 31 December 2024. The total effective sentence was therefore 8 years and 9 months, with a non-parole period of 5 years and 3 months.

Orders

Orders of the court

Re Count 2 State offence – I impose a fixed term of imprisonment of 2 years (1/10/19-30/9/21). The two matters on the Form 1 are taken into account. I have applied a discount of 5 percent for the plea of guilty.

Re Count 1 Commonwealth offence – I impose a total term of imprisonment of 8 years(1/7/20-30/6/28) with a NPP of 4 years 6 months (1/7/20-31/12/24). The matter on the s16BA certificate is taken into account. I have applied a discount of 10 percent for the plea of guilty and other matters.

Therefore the total effective sentence is 8 years 9 months with NPP 5 years 3 months.

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 Ranjbarian [2021] NSWDC 660
Hearing dates:	8/3/21, 9/3/21, 17/6/21, 1/7/21, 20/8/21, 3/9/21, 15/9/21
Date of orders:	15/9/21
Decision date:	15 September 2021
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Re Count 2 State offence – I impose a fixed term of imprisonment of 2 years (1/10/19-30/9/21). The two matters on the Form 1 are taken into account. I have applied a discount of 5 percent for the plea of guilty. Re Count 1 Commonwealth offence – I impose a total term of imprisonment of 8 years(1/7/20-30/6/28) with a NPP of 4 years 6 months (1/7/20-31/12/24). The matter on the s16BA certificate is taken into account. I have applied a discount of 10 percent for the plea of guilty and other matters. Therefore the total effective sentence is 8 years 9 months with NPP 5 years 3 months.
Catchwords:	Crime – Sentence - Import commercial quantity of methamphetamine - Knowingly take part in supply of methamphetamine – Commonwealth and State offences – Late plea
Legislation Cited:	Commonwealth Criminal Code 1995 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Doudar v R [2021] NSWCCA 37 Gore v R [2010] NSWCCA 330 Mbele v R [2021] NSWCCA 182 Moody v R [2020] NSWCCA 160 Muldrock v The Queen (2011) 244 CLR 120
Category:	Sentence
Parties:	Commonwealth DPP – Crown Hamid Ranjbarian - Offender
Representation:	Mr G Craddock for Crown Mr G Stanton for Offender
File Number(s):	2019/57591