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

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

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

2. 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.

3. 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.

4. 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

2. 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).

3. 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.

4. 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

5. 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

6. In early 2023, the offender was in his fourth year of study at the Charles Sturt University, Wagga Wagga. The offender worked at the on campus dental and oral health clinic as part of his bachelor’s degree. He was 24 years of age at the time of the offending.

7. The offender was the registered user of the Snapchat account “Cloudii44”, which was observed through the police investigation to be used by the offender to arrange and conduct the supply of cocaine.

8. Based on their lawful monitoring of the offender, investigators formed the view that the offender was consistently selling cocaine by the “bag” (approximately 0.6 grams) for $300-350.

Supply prohibited drug

9. Between 10 March 2023 and 11 May 2023, the offender supplied a total of 249.95 grams of cocaine. Evidence obtained from surveillance devices and physical observations showed the offender supplying quantities of cocaine on no less than 20 occasions. This included multiple supplies of amounts of between 0.5 grams and 3.5 grams of cocaine and supplies of larger quantities. The largest supply involved the supply of 55.6 grams of cocaine to an undercover operative on 11 May 2023.

10. The offender would often meet with customers in “Carpark 73” on campus, or at other locations throughout Wagga Wagga. The meetings were pre-arranged on Snapchat.

11. The average purity of the cocaine was 35%.

Larceny

12. At approximately 3:00pm on 1 April 2024, the offender was recorded during a conversation with his brother in the blue LDV utility as stating, “I took a few of Lidocaine… I grabbed like 2-3 stacks” and “You think I’m lying bro? I’m going to do it every week now. Fuck every week, I’ll do it every fucking time I’m in clinic”.

13. Between February 2023 and May 2023, the offender stole an unidentified amount of Lidocaine, both in liquid and pellet form from the Charles Sturt University Dental and Oral Clinic.

14. At approximately 3:10pm on 1 April 2023, the offender was recorded in the blue LDV utility handing a plastic bag containing an unidentified quantity of Lidocaine to the co-offender, Tyler Disbury. He was recorded stating, “That’s the pellets and that’s the liquid Lido”.

15. The offender and Mr Disbury were also recorded discussing the strength of the Lidocaine, how they could “bond” the Lidocaine to the next “load” of cocaine that the offender obtained, and the supply of prohibited drugs.

Arrest and interview

16. At approximately 12:20pm on 11 May 2023, a witness drove to Carpark 73 to meet with the offender for the purpose of the offender supplying the witness with cocaine. The meeting was pre-arranged on Snapchat.

17. A short time after the transaction was completed, police arrived, and the offender was placed under arrest. A quantity of Australian Currency and two Apple iPhones in his possession were seized by police.

18. The offender was conveyed to Wagga Wagga Police Station and entered into custody where, at approximately 1:35pm, he declined to speak to a legal representative.

19. At 4:44pm the offender participated in an electronically recorded interview. He agreed that he was the registered user of the Snapchat account “Cloudii44”. He told police all cash which was seized was related to his security work and he declined to comment on any allegations relating to drug supply. He also told police he would only drive the blue LDV utility when “going to uni… to building 30 and back”.

20. A Digital Access order was obtained in relation to the two iPhones located on the offender’s person and he subsequently provided police access to both phones.

21. The offender also voluntarily participated in a buccal swab procedure.

Further police investigation

22. At 1:40pm on 11 May 2023 a search warrant was executed at the offender’s residence in Estella. During the search police seized the following items:

1. Septanest (liquid) 2.2ml;

2. four Lidocaine liquid 2.2ml;

3. Gel Lidocaine 15g opened;

4. three packets 25ml Lidocaine liquid;

5. $17,950 Australian Currency underneath a pillow on the bed in second bedroom;

6. $600 Australian currency; and

7. blue LDV utility vehicle with NSW registration.

Knowingly deal with proceeds of crime

23. Police scanned the $17,950 of Australia currency seized during the search through a money counter. Several of the serial numbers were found to be an exact match when compared to those on bank notes provided to an undercover operative to purchase prohibited drugs.

Knowingly direct activities of a criminal group

24. Evidence obtained from physical and electronic surveillance devices depict the offender to have directed his co-offenders Mr Disbury and Jessica Frost to supply prohibited drugs on his behalf. The offender would collect money from these sales.

25. Between 6 May 2023 and 11 May 2023, the offender communicated with Mr Disbury via the “Threema” messaging app. They planned a deal in which the offender proposed to “soft rip” the purchaser by supplying a mixture of Lidocaine and Glutamine in lieu of cocaine. They also discussed how this substance would be manufactured.

Sentencing Assessment Report – Community Service Assessment

26. The Court received a Sentencing Assessment Report, limited to the question of the offender’s suitability to perform Community Service. The offender was assessed as suitable and there is work available for up to 22 hours a month.

The Offender’s Case on Sentence

27. The offender relied on the following documents:

1. signed character reference letter of oral health specialist, Banen Al Maliki, undated;

2. character reference letter of HR Officer, Daniel McEwen, undated;

3. character reference letter of allocations manager, Ayman Trad; undated;

4. character reference letter of United Security colleague, Joseph Faoagali, dated 20 May 2024;

5. signed character reference letter of engineer, John Wordey, dated 13 March 2024;

6. signed character reference letter of operations supervisor Manase Lasalo, dated 27 May 2024;

7. signed character reference letter of John Gardner, dated 28 May 2024;

8. signed character reference letter of oral health therapist, Naomi Hawker, dated 28 May 2024;

9. signed character reference letter of oral health therapist, Bestin Babu, dated 13 March 2024;

10. character reference letter of Medehat Magdy, undated;

11. psychologist report of Sam Albassit, dated 30 July 2024;

12. Urine Drug Analysis Results dated between 16 August 2024 to 31 January 2025;

13. letter from Natalie King, manager of Lacksafe, dated 5 February 2025; and

14. letter from Sibghat Ullah Wazir dated 6 February 2025.

28. The following is a precis of the evidence relied upon by the offender.

29. The offender is currently 25 years of age. He was born in Islamabad, Pakistan. His parents are still alive and are together. He has three siblings aged, 31, 29 and 27.

30. The offender reported to the psychologist that he experienced a good childhood. His parents were family-oriented people. His father worked in information technology, and then semi-retired working as a share ride driver. His mother was a stay at home mother, who took on the traditional role as caregiver.

31. The offender’s parents were strict on him and his siblings, with his mother being the main authoritarian in the home. His parents were academically driven and put a lot of pressure on him and his siblings to perform well in their studies.

32. The offender attended Hampden Park Public School from kindergarten to Year 1 and subsequently completed his primary schooling at Homebush Public School. He then attended Homebush Boys High School where he completed the Higher School Certificate. He reported that he did not experience many issues during his schooling.

33. The offender went on to gain entry into the University of Western Sydney, where he studied a Bachelor of Medical Science in 2017 for a period of a year and a half, before transferring to a bachelor’s degree in Oral Health at Charles Sturt University in 2019. As at the time of the psychologist’s report he had one semester left to complete his studies.

34. The character references of oral health specialists, Banen Al Maliki, Naomi Hawker and Bestin Babu state the offender always displayed professionalism, a high standard of work and a strong work ethic. Specifically, Mr Babu after observing the offender during the clinical components of his studies at Charles Sturt University, stated that the offender “has always been an exceptionally diligent student” having consistently demonstrated responsibility towards his clinical work and great leadership in group activities.

35. The offender reported that he experienced many challenges and exceptional stress during his tertiary studies which caused him significant distress, anxiety and depression. He invested significant time and energy throughout his life to achieve academically.

36. The offender reported that he felt unfairly targeted by his university lecturers and tutors and discovered they were changing his grades unknowingly. He was bullied during his tutorials and was racially and academically vilified.

37. The offender consulted with subject coordinators on several occasions and was discontinued. He reported that the university kept delaying the process which led to a misconduct investigation against him.

38. He was experiencing symptomatology of depression and anxiety during this time. His marks were falling, where he was previously a high performing student.

39. The offender sought treatment from his general practitioner, Dr Mahmoud Aziz in 2021 and into mid-2022.

40. Towards the end of 2022, the offender became distant from his family. He began associating with a different type of crowd to the ones he was used to at university. He was introduced to illicit substances, which he tried for the first time when he was approximately 24 years old.

41. The offender reported that in early 2023, he was accused of sexual misconduct while at university, with five tutors claiming to have been witnesses to the allegations. The offender tried to have the matter resolved and it did not lead to any disciplinary action. He was ashamed to seek help from his parents and could not tell them about the allegations. The offender’s parents noticed that he was not attending university, was out a lot more and his behaviour had changed.

42. The offender’s use of cocaine and cannabis became excessive and daily within a few months he first used them. He continued to associate with anti-social peers.

43. During this time, the offender’s mental health spiralled out of control. He struggled to complete his university studies and was not working at the time. The offender reported to the psychologist that he was drowning financially and emotionally, and felt like everything was closing in. He stated he was addicted to drugs, and owed money to people.

44. Results of the DASS 21 Questionnaire conducted by the psychologist retuned results that the offender was in the “severe” range of all sub-groups relating to depression, anxiety and stress.

45. The psychologist opined that the offender’s symptomatology presented as consistent with Depressive Disorder with Cyclothymic Disorder. The offender experienced recurring episodes of depressive or hypomanic/manic symptoms. He exhibited erratic behaviour, and his social functioning was also affected by erratic and inappropriate behaviour.

46. The psychologist also diagnosed the offender with Substance Dependence Disorder (in remission), being active at the time of the offences. The offender turned to the use of illicit substances to self-medicate and mollify the significant emotional disturbance he was experiencing. He struggled to see right from wrong due to his addiction to drugs.

47. The offender expressed remorse, shame and disappointment with his actions to the psychologist.

48. He reported that when he “crashed” after the manic episodes, he experienced shame for what he had done. He said he brought shame to his family, especially his parents and that his relationship with his parents was strained after he began engaging in drug use.

49. Since being abstinent from the use of illicit substances over a period of 14 months prior to the date of the report, the offender was able to recognise traits in his behaviour and the triggers that accompany them. The psychologist states that the offender discussed the relationship between his mental health issues, substance dependence, and his offending behaviour and has demonstrated an insight into the link between them. He now realises that drugs ruined his life and realises how wrong his involvement in the offending was.

50. The psychologist recommends that the offender receive intensive psychiatric and psychological therapy to assist with his mental health treatment. In his report, the psychologist set out a detailed treatment plan for the offender which includes seeking a psychiatric assessment from an experienced psychiatrist, ongoing monthly consultations, medications and participation in drug and alcohol rehabilitation programs.

51. The offender expressed willingness and desire to the psychologist to continue with ongoing psychiatric and psychological therapy. The psychologist opines adherence to the treatment plan with intensive engagement will significantly decrease the offender’s likelihood of impulsivity and self-destructive behaviours.

52. The offender has strengths that will be of assistance if he is given non-custodial sentence and is capable of stability in the community. He is employed on a full-time basis as a traffic controller and as a security guard, is living with his parents with long term accommodation which is assured.

53. During his time working as a traffic controller, Daniel McEwen and Ayman Trad both described in their character reference letters the offender to be a dedicated employee and a positive influence within the team. He is described as being known for his ability to communicate effectively and work harmoniously with colleagues.

54. Joseph Faoagali in his character reference makes similar remarks in relation to the offender’s work as a security guard. He also comments on the offender’s development during his employment including dealing with medical incidents, de-escalation and other incidents.

Consideration

Objective seriousness

55. The offences involve some objective gravity.

56. The supply offence took place over about two months and involved about 20 separate transactions. The supplies were arranged over Snapchat. The amount of drugs involved was just short of the commercial quantity of 250g and almost 50 times the indictable quantity. The average purity of the drug was relatively low.

57. The larceny offence involved the taking of an unknown but significant quantity of lidocaine from the offender’s employer. The offence involved a breach of trust. The lidocaine was used to cut the cocaine.

58. The direction of a criminal group involved a group comprising of three offenders, in a fairly low level operation.

59. The proceeds of crime offence involved the possession of $17,950 in cash that the offender knew was obtained through the supply of drugs.

60. The offender was young and experienced some stressful events at university. He excluded his family from his difficulties and became isolated. He suffered symptoms of anxiety and depression and turned to drug use to alleviate those symptoms. The offender’s drug use escalated quickly and he suffered manic episodes followed by feelings of guilt and shame. His behaviour was erratic and his social functioning was adversely impacted. His ability to identify right from wrong was compromised. I am satisfied in all of the circumstances that his moral culpability for the offences was reduced to some extent.

61. I have taken into account the maximum penalty for each offence.

Deterrence

62. General deterrence is a fundamental consideration in drug offences. The sentence must be of such a severity to deter others from engaging in drug related activities. The sentence must signal to would be participants in drug offences that the financial and other rewards will be neutralised by the risk of severe punishment.

63. General deterrence can be afforded less weight where the person suffers from a mental condition because they are not an appropriate person to be made an example of. This is such a case. I am satisfied that the offender acted immaturely and that the severity of his psychological symptoms and his drug use intensified quickly.

64. There is some need for specific deterrence but it is reduced to some extent. The offender has taken steps to address his mental condition and his addiction issues which were the driving forces in his offending conduct.

Aggravating factors

65. There are no relevant aggravating factors.

Mitigating factors

66. The offender does not have any record of previous convictions: s 21A(3)(e) Crimes (Sentencing Procedure) Act 1999 (NSW). The offender was 24 years old at the time of the offending.

67. The offender was a person of good character: s 21A(3)(f) Crimes (Sentencing Procedure) Act 1999 (NSW).

68. The offender has good prospects of rehabilitation: s 21A(3)(h) Crimes (Sentencing Procedure) Act 1999. The offender is gainfully employed and has positive plans for the future. The offender has insight into the factors that led to him offending and is willing to accept interventions.

66. The offender has demonstrated remorse: s 21A(3)(i) Crimes (Sentencing Procedure) Act 1999. The offender has accepted responsibility for his actions and expressed remorse to the psychologist and his referees. I am satisfied that he is genuinely contrite.

67. The offender was in custody for these offences for a period of 15 days before being released on parole. I will take this period of pre-sentence custody into account in the sentence imposed.

Penalty

71. Zahid Wazir is convicted.

72. I have considered s 5 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that having considered all possible alternatives that no penalty other than imprisonment is appropriate.

73. I will impose an aggregate sentence: s 53A Crimes (Sentencing Procedure) Act 1999. The sentences I would have imposed after allowing for the appropriate discount, had separate sentences been imposed are:

1. sequence 6 – 6 months;

2. sequence 24 – 9 months;

3. sequence 25 – 6 months;

4. sequence 27 – 18 months.

74. The appropriate aggregate term of imprisonment is 2 years and 1 month.

75. Having reached that conclusion, I must consider if the sentence can be served by way of an Intensive Corrections Order.

76. I have had regard to s 66 Crimes (Sentencing Procedure) Act 1999 and I am satisfied that it is appropriate to order that the sentence be served by way of an Intensive Corrections Order (ICO), for the reasons I have already given and the following additional reasons, including by returning to the purposes of sentencing in s 3A.

77. I have had regard to community safety as the paramount consideration. In this case, the protection of the community can be achieved by allowing the offender to continue his rehabilitation in the community. The offender is gainfully employed and committed to addressing his mental health and addiction issues. Out of the two options of sending him back to prison or imposing an ICO, I am satisfied that the protection of the community will be best achieved by the offender serving the sentence in the community by way of an ICO: Mandranis v R [2021] NSWCCA 97 at [51].

78. I will reduce the term of imprisonment to be imposed by 1 month (which I have rounded up) to take into account his pre-sentence custody, because an ICO cannot be backdated.

79. I impose an aggregate term of imprisonment of 2 years.

80. 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.

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

82. The standard conditions of the order apply:

1. the offender must not commit any offence; and

2. the offender must submit to supervision by a Community Corrections Officer.

83. The following additional conditions apply:

1. the offender must abstain from taking all restricted or prohibited drugs, except those prescribed by a medical practitioner;

2. the offender must receive treatment for his mental health and drug addiction as reasonably directed by Community Corrections; and

3. the offender must perform 150 hours of community service work.

84. If the offender fails to comply with the conditions of this order, sanctions may be imposed by the Commissioner of Corrective Services or the State Parole Authority. Those sanctions may include a formal warning, imposing more stringent conditions, or a revocation of this order. If the order is revoked, the offender may be required to serve all or some of the period of the sentence in full-time custody.

85. The offender must attend the Registry to confirm his postal address so that a copy of the order can be sent to him.

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Decision last updated: 14 February 2025