District Court
New South Wales
Medium Neutral Citation: R v Sowaid [2023] NSWDC 143 Hearing dates: 4 April 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Criminal Before: Fitzsimmons SC DCJ Decision: (1) In respect of the offence to which the offender has pleaded guilty, the offender is convicted.
(2) I impose a sentence of imprisonment for 4 years, 1 month to commence on 8 January 2022 to expire on 7 February 2026.
(3) I impose a non-parole period of 2 years, 2 months to expire on 7 March 2024.
(4) The earliest date the offender is eligible for release to parole is 7 March 2024.
Catchwords: CRIME – sentencing – supply large commercial quantity of prohibited drug – Bugmy principles – De La Rosa considerations - parity principles – backdating sentence
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Pt 4 Div 1A, s 3A
Drug Misuse and Trafficking Act 1985 (NSW) s 25(2)
Cases Cited: Bugmy v R (2013) 249 CLR 571; [2013] HCA 37
DPP v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Green v R; Quinn v R (2011) 244 CLR 462
Imbornone v R [2017] NSWCCA 144
Lloyd v R [2022] NSWCCA 18
Nasrallah v R [2021] NSWCCA 207
R v Cheung; R v Choi (2010) 203 A Crim R 398
R v Olbrich [1999] HCA 54; 199 CLR 270
Rakielbakhour v DPP [2020] NSWSC 323
Standford v R (2007) NSWCCA 73
Taysavang v R; Lee v R [2017] NSWCCA 146
Category: Sentence Parties: Rex
Bilal SowaidRepresentation: Counsel:
Solicitors:
Mr B Barrack (offender)
Office of the Director of Public Prosecutions (NSW) (Crown)
Dib & Associates Lawyers (offender)
File Number(s): 2022/6403 Publication restriction: None
JUDGMENT
Remarks on sentence
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The offender appeared at the Downing Centre Local Court on 8 December 2022 and pleaded guilty to one charge of supply prohibited drug, namely 4943.4g of Gamma-Butyrolactone (“GBL”), being an amount, which was not less than the large commercial quantity applicable to that prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW).
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The plea of guilty was adhered to at the sentence hearing on 4 April 2023. Accordingly, the offender is entitled to the full 25% discount for the utilitarian value of the plea of guilty.
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The maximum penalty for the offence of supply prohibited drug not less than the large commercial quantity is life imprisonment. In accordance with Pt 4 Div 1A of the Crimes (Sentencing Procedure) Act 1999, this offence has a standard non-parole period of 15 years. The maximum penalty of life imprisonment and the standard non-parole period of 15 years is an indication of its seriousness and…
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- AGLC
- R v Sowaid [2023] NSWDC 143
- Case
- [2023] NSWDC 143
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate sentence for the appellant, taking into account the nature and circumstances of the offence, as well as any relevant mitigating or aggravating factors. The court had to carefully consider the Bugmy principles, which emphasise the importance of understanding the cultural background of the offender and the impact of the sentence on the offender's community. The court also had to consider the De La Rosa factors, which relate to the offender's role in the offence, their level of culpability, and the extent to which they cooperated with law enforcement. Furthermore, the court had to ensure that the sentence was proportionate to the seriousness of the offence and that it was consistent with sentences imposed for similar offences.
After considering all of the relevant factors, the court determined that the appropriate sentence for the appellant was a term of imprisonment of 4 years and 1 month, with a non-parole period of 2 years and 2 months. The court found that the sentence should commence on 8 January 2022 and expire on 7 February 2026, with the earliest date for eligibility for parole being 7 March 2024. The court was satisfied that this sentence was proportionate to the seriousness of the offence and was consistent with sentences imposed for similar offences. The court also noted that the sentence took into account the relevant mitigating and aggravating factors, as well as the principles of parity in sentencing.
Orders
Orders of the court
(1) In respect of the offence to which the offender has pleaded guilty, the offender is convicted.
(2) I impose a sentence of imprisonment for 4 years, 1 month to commence on 8 January 2022 to expire on 7 February 2026.
(3) I impose a non-parole period of 2 years, 2 months to expire on 7 March 2024.
(4) The earliest date the offender is eligible for release to parole is 7 March 2024.
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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