R v Shah (No 2) [2022] NSWDC 500

R v Shah (No 2) [2022] NSWDC 500

The offender attempted to possess 332.2 grams of pure cocaine and was at least a conduit who expected a drug quantity in a general sense and likely acted for financial gain. Although the objective seriousness fell below the mid-range and the court considered the offender's family hardship, subjective circumstances and prior period in custody, the seriousness of the Commonwealth drug offence and the need for general deterrence meant that release on recognizance was not an appropriate exercise of discretion. A sentence of full-time imprisonment with a non-parole period was required.

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Criminal Sentence / Sentence After the Offender Was Found Guilty on 28 April 2022 of One Count of Attempting to Possess a Marketable Quantity of a Border Controlled Drug
Outcome
The offender was sentenced to imprisonment for 5 years 11 months with a non-parole period of 2 years 11 months, both commencing on 16 September 2022.
Legal Topics
['attempt to Possess a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'commonwealth Sentencing' 'general Deterrence' 'family Hardship' 'recognizance Release Order']
['criminal Law' 'sentencing' 'commonwealth Drug Offences'] ['attempt to Possess a Marketable Quantity of a Border Controlled Drug' 'cocaine' 'commonwealth Sentencing' 'general Deterrence' 'family Hardship' 'recognizance Release Order']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After the Offender Was Found Guilty on 28 April 2022 of One Count of Attempting to Possess a Marketable Quantity of a Border Controlled Drug

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a marketable quantity of a border controlled drug, namely cocaine, contrary to s 307.6(1) and s 11.1(1) of the Criminal Code Act 1995 (Cth).' "How the objective seriousness of the offence should be assessed having regard to the quantity of cocaine, the offender's role, and his knowledge or expectation concerning the package." 'Whether the offender should receive immediate imprisonment with a non-parole period or a sentence involving immediate release on recognizance.' "What weight should be given to general deterrence, the offender's subjective circumstances, prospects of rehabilitation, remorse, and hardship to family members."]

Ratio Decidendi

The offender attempted to possess 332.2 grams of pure cocaine and was at least a conduit who expected a drug quantity in a general sense and likely acted for financial gain. Although the objective seriousness fell below the mid-range and the court considered the offender's family hardship, subjective circumstances and prior period in custody, the seriousness of the Commonwealth drug offence and the need for general deterrence meant that release on recognizance was not an appropriate exercise of discretion. A sentence of full-time imprisonment with a non-parole period was required.

Court Disposition

The offender was sentenced to imprisonment for 5 years 11 months with a non-parole period of 2 years 11 months, both commencing on 16 September 2022.

Orders

  • ['Abdul Malik Shah is sentenced to a term of imprisonment of 5 years 11 months.' 'There will be a non-parole period of 2 years 11 months.' 'Both the sentence and non-parole period will commence from 16 September 2022.']