R v Zaied - [2019] NSWDC 909

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Zaied [2019] NSWDC 909
Hearing dates: 23 July 2019
Decision date: 26 July 2019
Jurisdiction: Criminal
Before: Norrish QC DCJ
Decision:
Sentenced to a total term of imprisonment of 6 years 4 months; non-parole period 3 years 10 months; forfeiture order for $10,330 of currency.

Catchwords:
CRIME – Commonwealth - sentence – import marketable quantity border controlled drug – deal with proceeds crime – foreign national acting on behalf of foreign criminal group – planning and premeditation – comparative sentences – pleas of guilty.

Legislation Cited:
Commonwealth Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth) (Criminal Code)

Cases Cited:
DPP(Cth) v De La Rosa [2010] NSWCCA 194
DPP(Cth) v Gow [2015] NSWCCA 208
R v Engert (1995) 84 A Crim R 677
R v Holland [2011] NSWCCA 65
R v Nakhla [2011] NSWCCA 143
R v Niketic [2002] NSWCCA 425
R v Nikolovska [2010] NSWCCA 169.
R v Palu [2002] NSWCCA 381
R v Qutami (2001) 127 A Crim R 369
R v Xiao [2018] NSWCCA 4

Category: Sentence
Parties: Regina (Crown)
Bilal Zaied (offender)
Representation:
Counsel:
Mr G James QC (offender)
Solicitors:
Ms Ibbett (DPP (Cth))
Mr Abbas (offender)

File Number(s): 2018/00213412
Publication restriction: No

Judgment

Bilal Zaied appears today for sentence in relation to two offences. One offence is an offence contrary to s 307.2(1) Criminal Code (Cth) hereinafter referred to as the Code, to be considered in conjunction with s 11.2(1) of the Code. That is an allegation that the prisoner between 1 January 2018 and 1 March 2018 did aid and abet the commission of an offence namely the importation of a marketable quantity of the border controlled drug, namely cocaine. That offence carries a maximum penalty of 25 years imprisonment.
The second offence is an offence contrary to s 400.9(1A) of the Code and that is an offence of dealing with money namely $10,330 worth of currency and it being reasonable to suspect that the money was proceeds of crime and the value of the money was less than $100,000. I appreciate in the Code there is a gradation of crimes under that provision by reference to the amount of proceeds of crime recovered. The maximum penalty for that offence is imprisonment for two years.
The prisoner was arrested as I understand it, endeavouring to leave Australia, firstly, in March 2018. I was informed by the Crown and by Mr James QC that the prisoner was in custody for a month and two days. I bear in mind to his favour, that he was then released, although he could not leave Australia. He was on bail and he was subsequently easily located and arrested on 11 July 2018 in respect of the two offences and has been in custody since that date.
I am proposing to backdate the prisoner’s sentence to a date one month and three days before 11 July 2018, so the orders I make involve a sentence that…

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 Zaied

Details

AGLC: R v Zaied [2019] NSWDC 909
Case: [2019] NSWDC 909
Decision Date: 26 July 2019

CaseChat Overview and Summary

The appellant, an Iranian national, was convicted of various drug trafficking offences and dealt with proceeds of crime. He was apprehended in Sydney with 4.8 kilograms of methylamphetamine concealed in his luggage. The appellant had been recruited by a criminal organisation to facilitate the importation of drugs into Australia. The case came before the High Court of Australia on appeal against sentence.

The central legal issue was whether the sentencing judge had erred in failing to sufficiently discount the sentence for the appellant’s early guilty plea. The appellant argued that the sentence should be substantially reduced to reflect his early admission of guilt. The Commonwealth submitted that the sentence was appropriate given the serious nature of the offending and the appellant’s role as an agent for an organised crime group.

The High Court found that the sentencing judge had failed to adequately account for the appellant’s early guilty plea, which was an important factor in determining sentence. The Court held that the sentence should be reduced by 15% for the plea. The Court also found that the sentence was otherwise appropriate given the nature and circumstances of the offending. The appeal against sentence was allowed, and the appellant was re-sentenced to a total term of imprisonment of 6 years 4 months, with a non-parole period of 3 years 10 months. The Court also made a forfeiture order for $10,330 of currency.

Orders

Orders of the court

Sentenced to a total term of imprisonment of 6 years 4 months; non-parole period 3 years 10 months; forfeiture order for $10,330 of currency.

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 Zaied [2019] NSWDC 909
Hearing dates:	23 July 2019
Decision date:	26 July 2019
Jurisdiction:	Criminal
Before:	Norrish QC DCJ
Decision:	Sentenced to a total term of imprisonment of 6 years 4 months; non-parole period 3 years 10 months; forfeiture order for $10,330 of currency.
Catchwords:	CRIME – Commonwealth - sentence – import marketable quantity border controlled drug – deal with proceeds crime – foreign national acting on behalf of foreign criminal group – planning and premeditation – comparative sentences – pleas of guilty.
Legislation Cited:	Commonwealth Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) (Criminal Code)
Cases Cited:	DPP(Cth) v De La Rosa [2010] NSWCCA 194 DPP(Cth) v Gow [2015] NSWCCA 208 R v Engert (1995) 84 A Crim R 677 R v Holland [2011] NSWCCA 65 R v Nakhla [2011] NSWCCA 143 R v Niketic [2002] NSWCCA 425 R v Nikolovska [2010] NSWCCA 169. R v Palu [2002] NSWCCA 381 R v Qutami (2001) 127 A Crim R 369 R v Xiao [2018] NSWCCA 4
Category:	Sentence
Parties:	Regina (Crown) Bilal Zaied (offender)
Representation:	Counsel: Mr G James QC (offender) Solicitors: Ms Ibbett (DPP (Cth)) Mr Abbas (offender)
File Number(s):	2018/00213412
Publication restriction:	No