R v Yousif (No 2)

[2020] NSWDC 386

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Yousif (No 2) [2020] NSWDC 386

Hearing dates:

24 February – 3 March 2020

Date of orders:

25 June 2020

Decision date:

25 June 2020

Jurisdiction:

Criminal

Before:

Grant DCJ

Decision:

The aggregate term of three years imprisonment, to be served by way of an intensive correction order.

Catchwords:

Criminal law sentencing - joint criminal enterprise - participate in criminal group - knowingly taking part in the supply of a prohibited drug - use false document to influence exercise of a public duty - extra curial punishment 

Legislation Cited:

Crimes Act 1900

Drug Misuse and Trafficking Act 1985

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Einfeldv R [2010] NSWCCA 87

Prculovski v R [2010] NSWCCA 274

R v Fangaloka [2019] NSWCCA 173

R v Tuki (No 4) [2013] NSWSC 1864

Wat v R [2017] NSWCCA 62

Wuangv R [2017] NSWCCA 312

Category:

Sentence

Parties:

Regina (Crown)
Alina Yousif (Offender)

Representation:

Counsel:
P Kerr (Crown)
D Edwardson QC (Offender)

Solicitors:
L Sampson (Crown)
A Taleb (Offender)

File Number(s):

2017/00368997

Judgment

1. HIS HONOUR: Alina Yousif appears for sentence. She was charged with three offences:

1) Participate in a criminal group in contravention of s 93T(1) of the Crimes Act 1900,

2) Use a false document with the intention of inducing a person to accept it as genuine and to then influence that person to exercise a public duty in contravention of s 254(b)(iii) of the Crimes Act, and

3) Knowingly taking part in the supply of a prohibited drug, namely 55.5 grams of methylamphetamine in contravention of s 25(1) of the Drug Misuse and Trafficking Act 1985.

2. The offence of participating in a criminal group attracts a maximum penalty of five years imprisonment. The offence of use a false document to influence a public official carries a maximum penalty of ten years imprisonment. The offence of supplying a prohibited drug carries a maximum penalty of 15 years imprisonment and/or a fine of $220,000. No standard non‑parole period applies.

3. She was arraigned before a jury on 24 February 2020 and pleaded not guilty. She gave evidence on 2 March 2020. The jury found her guilty of all counts. They rejected her account.

4. The offender was a solicitor. She was in a relationship with Clinton Parkinson. He was a member of the Bandidos motorcycle club and a criminal. She met him while he was in gaol having been re-sentenced by the Court of Criminal Appeal in 2010 following a successful Crown appeal in relation to the supply of 563.3 grams of methylamphetamine and the possession of firearms.

5. He was released on parole on 12 July 2016. By August 2017 New South Wales police commenced a targeted investigation into his conduct. A number of telephone warrants were granted for the mobile phone services of Mr Parkinson and the co-offender David Oddy (the supply charge).

6. A number of audio and visual surveillance devices were placed in Mr Parkinson’s home which he shared…