R v Mezher [2018] NSWDC 212

Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty to Four Indictment Counts, With Two Form 1 Offences Taken Into Account

Legal Issues

1. 1 ['What sentence should be imposed for supplying large commercial quantities of MDA and bromo, supplying a commercial quantity of cocaine, and producing a fabricated document to a court in support of a bail application with intent to pervert the course of justice.' 'Whether the offender’s culpability should be reduced because Alpha allegedly manipulated him into supplying drugs to recover a loan.' 'Whether aggravating factors under s 21A(2)(m) and s 21A(2)(n) of the Crimes (Sentencing Procedure) Act 1999 applied without double counting.' 'Whether the offender’s psychological condition materially caused the offending or made imprisonment more onerous.' 'What discount should be allowed for the late guilty pleas and limited assistance to authorities.' 'Whether parity with Alpha affected sentence.' 'Whether special circumstances justified a shorter non-parole period for the aggregate sentence.']

Ratio Decidendi

The Court rejected as incredible the offender’s account that Alpha manipulated him after receiving a $100,000 loan, and found the offender higher than Alpha in the drug hierarchy. The Court found the drug offending just below mid-range objective seriousness, count 4 towards the bottom of the range but still serious because it struck at the administration of justice, no real remorse, fair rehabilitation prospects, and no proved material causal link between psychological condition and the offences, although imprisonment was made more onerous. A 12% discount was allowed for late pleas and limited assistance. Special circumstances were found due to depressive illness, back condition and the...

Court Disposition

Offender convicted and sentenced to a fixed term of imprisonment of one year for count 4 and an aggregate sentence of 12 years imprisonment for counts 1, 2 and 3, with a non-parole period of eight years. Form 1 matters were taken into account. Forfeiture and drug destruction orders were made by consent.

Orders

• ['Count 4: convicted and sentenced to a fixed term of imprisonment for one year commencing on 27 January 2016 and expiring on 26 January 2017.' 'Counts 1, 2 and 3: convicted and sentenced to imprisonment for a non-parole period of eight years commencing on 26 January 2017 and expiring on 26 January 2025.' 'Counts 1,...