R v Alen MORADIAN [2011] NSWDC 130

R v Alen MORADIAN [2011] NSWDC 130

Mr Moradian, having pleaded guilty to importing and supplying a large commercial quantity of cocaine, played a middle-management role in a well-planned and sophisticated criminal enterprise. The objective seriousness of his offending, including financial gain, risk, and significant quantity of cocaine imported and supplied, required severe sentences to reflect deterrence, denunciation, and community protection. His guilty plea, some co-operation, and the surrender of firearms provided limited mitigation. The total sentence imposed takes into account the specific findings regarding amount of drug involved, assistance given, subjective circumstances, and the need for accumulation to...

Parties
Prosecution: Regina; Offender: Alen Moradian
Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Sentence / Sentencing After Guilty Plea
Outcome
Offender convicted and sentenced.
Legal Topics
Drug Importation, Drug Supply, Proceeds of Crime, Driving Offences, Sentencing, Assistance to Authorities
Criminal Law Drug Importation Drug Supply Proceeds of Crime Driving Offences Sentencing Assistance to Authorities

Case Brief

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Parties

Regina

Prosecution

Alen Moradian

Offender

Procedural Posture

Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for importing and supplying a commercial quantity of cocaine?
  2. 2 How much cocaine was imported and supplied, and what is the offender's level of criminality?
  3. 3 What is the proper recognition for the offender's assistance by way of surrendering illegal firearms?

Ratio Decidendi

Mr Moradian, having pleaded guilty to importing and supplying a large commercial quantity of cocaine, played a middle-management role in a well-planned and sophisticated criminal enterprise. The objective seriousness of his offending, including financial gain, risk, and significant quantity of cocaine imported and supplied, required severe sentences to reflect deterrence, denunciation, and community protection. His guilty plea, some co-operation, and the surrender of firearms provided limited mitigation. The total sentence imposed takes into account the specific findings regarding amount of drug involved, assistance given, subjective circumstances, and the need for accumulation to...

Court Disposition

Offender convicted and sentenced.

Orders

  • Count 1 (supply commercial quantity): 6 years non-parole period, 9 years total sentence, with 3 years parole; driving disqualifications as per minimum and automatic periods (2 years each for four counts), details as per RTA.
  • Count 2 (import commercial quantity): 9 years non-parole period, 15 years 4 months total sentence, with 6 years 4 months parole; sentence concurrent to commence 25 December 2008.