R v Abbas [2023] NSWDC 644

R v Abbas [2023] NSWDC 644

Taking into account the objective seriousness midway between lower and mid-range, the offender's substantial recklessness (if not actual knowledge), motivation for financial reward, relative youth, subjective background and remorse (to a limited extent), the only appropriate disposition is a custodial sentence. The 11-year starting point is discounted 25% for the guilty plea, resulting in a head sentence of 8 years and 3 months with a non-parole period of 4 years and 6 months.

Parties
Crown: Rex; Offender: Abrar Sohel Abbas
Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Sentence / Sentencing Judgment
Outcome
Offender sentenced to imprisonment for 8 years and 3 months with a non-parole period of 4 years and 6 months.
Legal Topics
Drug Offences, Importation of Border Controlled Drugs, Sentencing
Criminal Law Drug Offences Importation of Border Controlled Drugs Sentencing

Case Brief

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Parties

Rex

Crown

Abrar Sohel Abbas

Offender

Procedural Posture

Sentence / Sentencing Judgment

Legal Issues

  1. 1 What is the appropriate sentence for pleading guilty to importation of a commercial quantity of methamphetamine contrary to s 307.1(1) of the Commonwealth Criminal Code?
  2. 2 What factors affect the objective and subjective seriousness of the offence, including the offender's knowledge, motivation, background, and prospects of rehabilitation?

Ratio Decidendi

Taking into account the objective seriousness midway between lower and mid-range, the offender's substantial recklessness (if not actual knowledge), motivation for financial reward, relative youth, subjective background and remorse (to a limited extent), the only appropriate disposition is a custodial sentence. The 11-year starting point is discounted 25% for the guilty plea, resulting in a head sentence of 8 years and 3 months with a non-parole period of 4 years and 6 months.

Court Disposition

Offender sentenced to imprisonment for 8 years and 3 months with a non-parole period of 4 years and 6 months.

Orders

  • Imprisonment commencing 28 October 2022, expiring 27 January 2031.
  • Non-parole period ending 27 April 2027.