R v Mousa [2021] NSWDC 799

R v Mousa [2021] NSWDC 799

Although the offence involved a commercial quantity of methamphetamine and was serious, the offender's role was peripheral, unplanned and brief; the Court was not satisfied beyond reasonable doubt that he knew more than the reckless understanding implicit in the plea. Taking into account the s 16BA matter, the offender's almost five months in custody, a guilty plea discount of about 15%, PTSD making custody more onerous, strong evidence of remorse and rehabilitation, lack of criminal history, low risk of reoffending and very good prospects of rehabilitation, a two-year sentence of imprisonment to be served by way of an Intensive Correction Order was appropriate.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Criminal Sentence for Commonwealth Drug Offences / Sentence Following Plea of Guilty; Commonwealth S 16 BA Schedule Matter Taken Into Account
Outcome
Offender convicted and sentenced to two years' imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'aiding and Abetting Possession of a Commercial Quantity of a Border Controlled Drug' 'intensive Correction Order' 'unsworn Statements in Sentence Proceedings' 'remorse' 'rehabilitation' 'post Traumatic Stress Disorder' 'utilitarian Discount for Guilty Plea']
['criminal Law' 'sentencing' 'commonwealth Drug Offences'] ['attempt to Possess a Commercial Quantity of a Border Controlled Drug' 'aiding and Abetting Possession of a Commercial Quantity of a Border Controlled Drug' 'intensive Correction Order' 'unsworn Statements in Sentence Proceedings' 'remorse' 'rehabilitation' 'post Traumatic Stress Disorder' 'utilitarian Discount for Guilty Plea']

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Procedural Posture

Criminal Sentence for Commonwealth Drug Offences / Sentence Following Plea of Guilty; Commonwealth S 16 BA Schedule Matter Taken Into Account

Legal Issues

  1. 1 ["The objective seriousness and culpability of the offender's attempted possession of a commercial quantity of a border-controlled drug and the scheduled aiding and abetting matter." "Whether the offender's assistance was peripheral, unplanned and opportunistic or involved greater knowledge and culpability." "The weight to be given to the offender's unsworn letter of apology and other out-of-court material in sentence proceedings." "The significance of the offender's subjective circumstances, including PTSD, prior good character, remorse, rehabilitation prospects, time already served and low risk of reoffending." 'Whether a term of imprisonment could appropriately be served by way of an Intensive Correction Order.']

Ratio Decidendi

Although the offence involved a commercial quantity of methamphetamine and was serious, the offender's role was peripheral, unplanned and brief; the Court was not satisfied beyond reasonable doubt that he knew more than the reckless understanding implicit in the plea. Taking into account the s 16BA matter, the offender's almost five months in custody, a guilty plea discount of about 15%, PTSD making custody more onerous, strong evidence of remorse and rehabilitation, lack of criminal history, low risk of reoffending and very good prospects of rehabilitation, a two-year sentence of imprisonment to be served by way of an Intensive Correction Order was appropriate.

Court Disposition

Offender convicted and sentenced to two years' imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['Montasir Mohamed Mousa is convicted.' 'Taking into account a discount for the plea of guilty and time already spent in custody, the offender is sentenced to a term of imprisonment of two years.' 'Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the sentence is to be served by way of...