Regina v Mohammad Reza Fayazi [2017] NSWDC 362

Regina v Mohammad Reza Fayazi [2017] NSWDC 362

Given that the offender played an essential but not organising role in a serious people smuggling operation, motivated by desperation to reunite with his family, without direct financial gain and suffering significant mental illness, but in light of the objective seriousness, statutory minima, and the principles of general deterrence in people smuggling offences, the appropriate sentence is eight years’ imprisonment with a non-parole period of four years.

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Sentence / Sentencing After Plea of Guilty
Outcome
Convicted and sentenced to imprisonment.
Legal Topics
['commonwealth Offence' 'people Smuggling' 'plea of Guilty' 'sentence – Mitigating Factors' 'sentence – Aggravating Factors' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'penalty' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'foreign National']
['criminal Law'] ['commonwealth Offence' 'people Smuggling' 'plea of Guilty' 'sentence – Mitigating Factors' 'sentence – Aggravating Factors' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'penalty' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'foreign National']

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Procedural Posture

Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for aggravated people smuggling contrary to s 233C of the Migration Act 1958' 'Consideration of mitigating and aggravating factors in sentencing for people smuggling' 'Application of sentencing principles including deterrence, remorse, and totality']

Ratio Decidendi

Given that the offender played an essential but not organising role in a serious people smuggling operation, motivated by desperation to reunite with his family, without direct financial gain and suffering significant mental illness, but in light of the objective seriousness, statutory minima, and the principles of general deterrence in people smuggling offences, the appropriate sentence is eight years’ imprisonment with a non-parole period of four years.

Court Disposition

Convicted and sentenced to imprisonment.

Orders

  • ['The offender is sentenced to a term of imprisonment of eight years to date from 10 December 2013 and expire on 9 December 2021.' 'A non-parole period of four years is fixed to expire on 9 December 2017.']