R v NABIZADEH [2022] NSWDC 150

R v NABIZADEH [2022] NSWDC 150

Given the very substantial quantities of three different prohibited drugs, the offender's integral role as a courier (but limited to courier only), his prior criminal record including offending while under conditional liberty, and the presence of substantial subjective considerations, an aggregate sentence of 7 years and 6 months, with a non-parole period of 4 years, is appropriate; special circumstances justified for the parole ratio due to the offender's youth, first time in custody, trauma background, and need for post-release supervision.

Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Criminal / Sentence
Outcome
Offender sentenced to full time custody on an aggregate sentence; parole eligibility at 4 years.
Legal Topics
['sentencing' 'drug Offences' 'supply Prohibited Drug' 'aggregate Sentences' 'general Deterrence' 'plea of Guilty']
['criminal Law'] ['sentencing' 'drug Offences' 'supply Prohibited Drug' 'aggregate Sentences' 'general Deterrence' 'plea of Guilty']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for supply of prohibited drugs in not less than large commercial quantity' "Assessment of offender's role in the offence (courier) and its impact on sentence" 'Application of statutory aggravation due to offending while under conditional liberty' 'Consideration of special circumstances for non-parole period' 'Effect of subjective factors including trauma, youth, drug dependency, and COVID-19 pandemic on sentencing']

Ratio Decidendi

Given the very substantial quantities of three different prohibited drugs, the offender's integral role as a courier (but limited to courier only), his prior criminal record including offending while under conditional liberty, and the presence of substantial subjective considerations, an aggregate sentence of 7 years and 6 months, with a non-parole period of 4 years, is appropriate; special circumstances justified for the parole ratio due to the offender's youth, first time in custody, trauma background, and need for post-release supervision.

Court Disposition

Offender sentenced to full time custody on an aggregate sentence; parole eligibility at 4 years.

Orders

  • ['Aggregate sentence of 7 years and 6 months imprisonment with a non-parole period of 4 years.' 'Non-parole period to date from 18 March 2021, expiring 17 March 2025; balance of term to expire 17 September 2028.' 'Recommendation that release to parole be supervised and conditioned on substance abuse treatment.'...