R v Ranjbarian [2021] NSWDC 660

R v Ranjbarian [2021] NSWDC 660

The offender's conduct in the coconut importation conspiracy amounted to an intermediate management type role, below Bakhtiyari's but more than a conduit, involving coordination, liaison, practical assistance, instructions and an expectation of benefit; the objective seriousness of both the conspiracy and the 200 gram supply was somewhat below the mid-range but not approaching the low-range. The State aggravating features relied on by the Crown were not established or added little because they were inherent in drug supply or would involve double counting. Having regard to the late guilty pleas, limited cooperation, the s 16BA and Form 1 matters, subjective circumstances, rehabilitation...

Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Criminal Sentence / Sentence Following Guilty Pleas
Outcome
Offender convicted of both offences and sentenced to full-time imprisonment with a total effective sentence of 8 years 9 months and a non-parole period of 5 years 3 months.
Legal Topics
['conspiracy to Import a Commercial Quantity of Methamphetamine' 'knowingly Take Part in Supply of Methamphetamine' 'commonwealth and State Offences' 'late Plea of Guilty' 'form 1 Offences' 's 16 BA Schedule' 'objective Seriousness' 'general and Personal Deterrence' 'covid 19 Impact on Custody']
['criminal Law' 'sentencing' 'drug Offences'] ['conspiracy to Import a Commercial Quantity of Methamphetamine' 'knowingly Take Part in Supply of Methamphetamine' 'commonwealth and State Offences' 'late Plea of Guilty' 'form 1 Offences' 's 16 BA Schedule' 'objective Seriousness' 'general and Personal Deterrence' 'covid 19 Impact on Custody']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for conspiring to import a commercial quantity of methamphetamine and knowingly taking part in the supply of methamphetamine.' 'How the matters on the s 16BA schedule and Form 1 document should affect sentence.' "What discount should be allowed for the offender's late pleas of guilty and other assistance." "How objective seriousness should be assessed having regard to the offender's role, the quantities involved, and the planned importations." 'Whether alleged aggravating features for the State supply offence were established.' "What weight should be given to the offender's subjective circumstances, remorse, rehabilitation prospects, mental health, and the impact of the COVID-19 pandemic on custody." 'How totality, concurrency and backdating should be applied to the State and Commonwealth sentences.']

Ratio Decidendi

The offender's conduct in the coconut importation conspiracy amounted to an intermediate management type role, below Bakhtiyari's but more than a conduit, involving coordination, liaison, practical assistance, instructions and an expectation of benefit; the objective seriousness of both the conspiracy and the 200 gram supply was somewhat below the mid-range but not approaching the low-range. The State aggravating features relied on by the Crown were not established or added little because they were inherent in drug supply or would involve double counting. Having regard to the late guilty pleas, limited cooperation, the s 16BA and Form 1 matters, subjective circumstances, rehabilitation...

Court Disposition

Offender convicted of both offences and sentenced to full-time imprisonment with a total effective sentence of 8 years 9 months and a non-parole period of 5 years 3 months.

Orders

  • ['For Count 2, the State offence of knowingly take part in supply, taking into account the two matters on the Form 1 document, a fixed term of imprisonment of 2 years was imposed, commencing 1 October 2019 and expiring 30 September 2021, with no non-parole period set.' 'For Count 1, the Commonwealth offence, taking...