R v Wasir - [2025] NSWDC 19

District Court

New South Wales

Medium Neutral Citation: R v Wasir [2025] NSWDC 19
Hearing dates: 8 August 2024; 7 February 2025
Date of orders: 07 February 2025
Decision date: 07 February 2025
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1 Zahid Wazir is convicted.
2 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (7 February 2025) and expire on 6 February 2027.
3 The offender must report to the Campbelltown Community Corrections Office on or before 4pm on 14 February 2025.

Catchwords:
CRIME — Property offences — Larceny
CRIME — Drug offences — Supply prohibited drug — Knowingly take part in supply
CRIME — Money laundering — Dealing with money suspected of being proceeds of crime

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Drugs Misuse and Trafficking Act 1985

Cases Cited:
Mandranis v R [2021] NSWCCA 97
R v Olbrich (1999) 199 CLR 270

Category: Sentence
Parties: Rex (Crown)
Zahid Wasir (Offender)
Representation:
Counsel:
P Lange (Offender)
Solicitors:
Office of the Director of Public Prosecutions
Abbas & Co (Offender)

File Number(s): 2023/151630
Publication restriction: None

JUDGMENT

Introduction

Zahid Wazir (the offender) appears for sentence after pleading guilty in the Local Court to the following offences:

Larceny contrary to s 117 Crimes Act 1900 (sequence 6). The maximum penalty for this offence is 5 years imprisonment.

Knowingly deal with proceeds of crime contrary to s 193B(2) Crimes Act 1900 (sequence 24). The maximum penalty for this offence is 15 years imprisonment.

Knowingly direct activities of criminal group contrary to s 93T(4A) Crimes Act 1900 (sequence 25). The maximum penalty for this offence is 15 years imprisonment.

Knowingly take part in supply of prohibited drug contrary to s 25(1) Drugs Misuse and Trafficking Act 1985 (sequence 27). The maximum penalty for this offence is 15 years imprisonment and/or a fine of 2,000 penalty units ($220,000).

Approach to Sentencing

To the extent that I make findings of fact adverse to the offender, I am satisfied of that fact beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
I have taken into account the purposes of sentencing set out in s 3A Crimes (Sentencing Procedure) Act 1999 and had regard to the matters set out in s 21A of the Act.
The offender entered a plea of guilty in the Local Court and is entitled to a 25% discount on sentence: s 25D(2)(a) Crimes (Sentencing Procedure) Act 1999.

Facts

The parties presented an Agreed Statement of Facts. I have taken the entirety of the document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.

Background

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 Wasir

Details

AGLC: R v Wasir [2025] NSWDC 19
Case: [2025] NSWDC 19
Decision Date: 07 February 2025

CaseChat Overview and Summary

The case of R v Wasir involved Zahid Wasir, who was brought before the court on various charges including larceny, involvement in the supply of prohibited drugs, and dealing with money suspected to be the proceeds of crime. The proceedings took place in a court of criminal jurisdiction in New South Wales. Wasir's actions involved the theft of property, the supply of a prohibited drug, and financial transactions that suggested involvement in criminal activities.

The primary legal issues that the court needed to address were whether the prosecution had successfully proved each of the charged offences beyond reasonable doubt, and if so, what sentence would be appropriate. The court had to consider the evidence presented in relation to each charge, including the nature of the stolen property, the role of Wasir in the supply of the prohibited drug, and the circumstances surrounding the financial transactions.

The court found that the prosecution had successfully established the charges against Wasir. For the larceny charge, the court determined that Wasir had unlawfully taken property belonging to another person with the intent to permanently deprive them of it. Regarding the drug offence, the court accepted that Wasir knowingly participated in the supply of a prohibited drug. Lastly, in relation to the money laundering charge, the court found that Wasir had engaged in financial transactions knowing that the money was likely the proceeds of criminal activity. Consequently, the court convicted Wasir on all counts. The sentence imposed was to be served by way of an Intensive Corrections Order (ICO) for a period of two years, commencing from the date of the conviction and expiring on 6 February 2027. Additionally, Wasir was required to report to the Campbelltown Community Corrections Office on or before 4pm on 14 February 2025.

Orders

Orders of the court

1 Zahid Wazir is convicted.

2 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (7 February 2025) and expire on 6 February 2027.

3 The offender must report to the Campbelltown Community Corrections Office on or before 4pm on 14 February 2025.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Wasir [2025] NSWDC 19
Hearing dates:	8 August 2024; 7 February 2025
Date of orders:	07 February 2025
Decision date:	07 February 2025
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Zahid Wazir is convicted. 2 Pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999, the sentence imposed is to be served by way of an ICO. The sentence will commence today (7 February 2025) and expire on 6 February 2027. 3 The offender must report to the Campbelltown Community Corrections Office on or before 4pm on 14 February 2025.
Catchwords:	CRIME — Property offences — Larceny CRIME — Drug offences — Supply prohibited drug — Knowingly take part in supply CRIME — Money laundering — Dealing with money suspected of being proceeds of crime
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985
Cases Cited:	Mandranis v R [2021] NSWCCA 97 R v Olbrich (1999) 199 CLR 270
Category:	Sentence
Parties:	Rex (Crown) Zahid Wasir (Offender)
Representation:	Counsel: P Lange (Offender) Solicitors: Office of the Director of Public Prosecutions Abbas & Co (Offender)
File Number(s):	2023/151630
Publication restriction:	None