R v Rabieh [2023] NSWDC 436

R v Rabieh [2023] NSWDC 436

The offender was convicted of taking part in the supply of large commercial quantities of methylamphetamine and possession of proceeds of crime. Her role was custodial, trusted by co-offender Maleki, and motivated by financial gain. The sentence is informed by her reduced moral culpability due to mental health issues and childhood adversity, but she remains a willing participant. Exceptional hardship to her children was not established, nor was duress. Aggregate sentence imposed reflects mid-range objective seriousness and reduced culpability, with special circumstances found for sentence adjustment.

Parties
Crown: NSW DPP; Offender: Yosra Rabieh
Jurisdiction
Australia
Judgment Date
01 September 2023
Procedural Posture
Criminal / Sentence After Jury Verdict
Outcome
Convicted and sentenced to aggregate imprisonment; appeals bail refused.
Legal Topics
Sentencing, Drug Offences, Proceeds of Crime, Hardship to Family, Mental Illness – Relevance to Sentence, Knowingly Take Part in Supply of Large Commercial Quantity of Methylamphetamine
Criminal Law Sentencing Drug Offences Proceeds of Crime Hardship to Family Mental Illness – Relevance to Sentence Knowingly Take Part in Supply of Large Commercial Quantity of Methylamphetamine

Case Brief

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Parties

NSW DPP

Crown

Yosra Rabieh

Offender

Procedural Posture

Criminal / Sentence After Jury Verdict

Legal Issues

  1. 1 Sentencing for drug supply offences involving large commercial quantities of methylamphetamine
  2. 2 Assessment of proceeds of crime
  3. 3 Consideration of hardship to offender's family

Ratio Decidendi

The offender was convicted of taking part in the supply of large commercial quantities of methylamphetamine and possession of proceeds of crime. Her role was custodial, trusted by co-offender Maleki, and motivated by financial gain. The sentence is informed by her reduced moral culpability due to mental health issues and childhood adversity, but she remains a willing participant. Exceptional hardship to her children was not established, nor was duress. Aggregate sentence imposed reflects mid-range objective seriousness and reduced culpability, with special circumstances found for sentence adjustment.

Court Disposition

Convicted and sentenced to aggregate imprisonment; appeals bail refused.

Orders

  • Aggregate term of imprisonment of 9 years 2 months with a non-parole period of 5 years 6 months, commencing 4/2/22 and expiring 3/4/31, NPP to 3/8/27.
  • Special circumstances found for sentence adjustment.