R v Naaman; R v Rustom; R v Gure; R v Sfeir - [2017] NSWDC 393 - NSWDC 2017 case summary — Zoe

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R v Naaman; R v Rustom; R v Gure; R v Sfeir

[2017] NSWDC 393

District Court of NSW|2017-10-27

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At a glance

Source facts

Court

District Court of NSW

Decision date

2017-10-27

Source

Original judgment source is linked above.

Judgment (13 paragraphs)

[1]

Judgment

HIS HONOUR: Each of Ahmed Nassim Naaman, Abdul Karim Rustom, Cabdiqure Gure, and Denial Michael Sfeir stands for sentence as a consequence of pleading guilty to one count of taking part in the supply of a prohibited drug, an offence contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for that offence is imprisonment for 15 years and/or a fine of 2000 penalty units.
Each of these four offenders was involved in a syndicate selling cocaine in the Sydney metropolitan area. The principal of the syndicate was Waeil Rustom and his manager was Robert Max Vernon. I have already sentenced Waeil Rustom and Robert Vernon. My reasons for sentence are available at [2017] NSWDC 245. I sentenced Waeil Rustom to imprisonment for five years and three months and set a non-parole period of three years. I sentenced Vernon to imprisonment for three years and nine months and set a non-parole period of two years. The role of each of the four offenders currently before me in the drug syndicate was much less than those of Waeil Rustom or Vernon.

[2]

Overview

The relevant facts are these. In March 2015, the Middle Eastern Organised Crime Squad and the New South Wales Crime Commission commenced an investigation into a number of participants identified as Waeil Rustom, Robert Vernon, Ahmed Naaman, Abdul Rustom, Cabdiqure Gure and Denial Sfeir, through the use of lawful telephone intercepts, a surveillance device, controlled drug purchases and physical and covert surveillance. Police identified what they considered to be an organised drug syndicate involving the supply of cocaine to numerous customers at street level.

[3]

Role of Ahmed Naaman

I turn now to consider the individual roles of each of the men currently standing for sentence. I turn firstly to Ahmed Naaman. On the night of 11 and 12 July 2015, together with Abdul Rustom, Naaman supplied eight bags of cocaine, being recruited by Vernon to deliver bags to waiting customers. Vernon contacted Naaman at 1.25am on Sunday 12 July to tell him that he would advise Waeil Rustom that Naaman had "done a great job" and that there would be a reward for him.
On Saturday 25 July 2015, Vernon contacted Naaman and they met in Randwick. Naaman was given three bags of cocaine to deliver and "paperwork" which was placed in a stash box in Naaman's car.
On Thursday 6 August 2015, Naaman was lawfully monitored operating the syndicate's telephone and providing information to Gure who was driving his taxi, supplying cocaine to customers. Naaman directed Gure to supply 15 bags of cocaine to one customer for $3,950 and one bag to each of two other customers. On this night Naaman agreed to supply another customer with five and a half bags of cocaine for $1,500. That supply was made by Vernon on the following day.
On Saturday 22 August 2015, Naaman contacted Vernon and told him that he had a friend who was interested in purchasing three or four bags of cocaine for $1,000. Eventually only one bag of cocaine was supplied to this friend because of the poor quality of the cocaine then available. Naaman's role on this occasion was, essentially, to introduce a new customer to the syndicate.
On Saturday 5 September 2015, Naaman again contacted Vernon to arrange a supply of cocaine to this friend, who was known as "Mez". Vernon then contacted Mez directly and negotiated a sale to him of three bags of cocaine for $750. Naaman assisted in the negotiation of this deal.
All told Naaman knowingly took part in the supply of 28 bags of cocaine which weighed 21 grams, that is, just over four times the indictable quantity of cocaine, which is 5 grams. This activity was over a period of just over eight weeks.

[4]

Role of Abdul Rustom

On the night of 11 and 12 July 2015, Abdul Rustom together with Naaman, supplied eight bags of cocaine, having been recruited by Vernon to deliver bags of cocaine to waiting customers.
On Tuesday 14 July 2015, Vernon was ill and Abdul Rustom on Vernon's behalf supplied two bags of cocaine to a customer at Minsky's Hotel at Cremorne.
On Saturday 25 July 2015, Vernon contacted Abdul Rustom requesting that he obtain for Vernon, presumably from Waeil Rustom, further bags of cocaine as Vernon had a number of orders to fill. Later further arrangements were made to obtain further cocaine for delivery. Abdul Rustom gave seven bags of cocaine to Denial Sfeir who delivered them to Vernon to enable Vernon to continue supplying customers. Abdul was acting as a go-between from Waeil Rustom and Vernon.
On Saturday 8 August 2015, Vernon contacted Abdul Rustom telling him that he needed more cocaine. Abdul Rustom said "I can do 10" and later 10 bags of cocaine were delivered to Vernon.
On Sunday 16 August 2015, Abdul Rustom was lawfully monitored operating the syndicate's telephone. He provided information to Gure to supply one bag of cocaine to a customer for $250.
On Saturday 29 August 2015, Vernon asked Waeil Rustom for more bags of cocaine. A little later Abdul Rustom contacted Vernon and told him that he could provide 15 bags of cocaine and those 15 bags were supplied to Vernon to enable him to supply the drug to customers. In essence again Abdul Rustom was working as a courier between Waeil Rustom and Vernon.
On Friday 4 September 2015, Abdul Rustom contacted Vernon about supplying cocaine to a woman called Andrea who did not have money to pay for it at that time. Vernon told Abdul that he could give her one bag and that supply was made by Abdul Rustom.
All told Abdul Rustom knowingly took part in the supply of 44 bags of cocaine weighing 33 grams, that is six-and-a-half times the indictable quantity. That supply was over a period of eight weeks, but many of those supplies were to those who dealt directly with customers.

[5]

Role of Cabdiqure Gure

As I mentioned earlier Gure was by occupation a taxi driver. On Friday 10 July 2015, Vernon contacted Gure and asked him to pick Vernon up so that he could conduct the syndicate's business until another person was available to assist Vernon. During the time that Gure was working as Vernon's driver, seven bags of cocaine were supplied.
On Thursday 16 July 2015, Vernon asked Gure to meet him and to drive him on a run to three different places. Just over an hour later Vernon told Gure that he only had three bags of cocaine left and that the "big fella", by which clearly was meant Waeil Rustom, was organising more but Vernon had to send the money that he collected thus far back to Waeil Rustom. Gure then told Vernon that he would take the money to Waeil Rustom and "grab" another 20 bags as Vernon was running low. That number of bags of cocaine was later reduced to 15 bags. Clearly Gure acted on this occasion as a courier moving cocaine between Waeil Rustom and Vernon and also taking money from Vernon to Waeil Rustom.
On Thursday 25 July 2015, Waeil Rustom arranged for Gure to take 10 bags of cocaine to Vernon who did not have sufficient to continue his supply to customers.
On Thursday 6 August 2015, Naaman directed Gure by telephone to supply bags of cocaine to customers. Gure was told to deliver 15 bags to one customer for $3,950 and one bag to each of two other customers for a price $300 per bag. Gure did so. He on this occasion was actually supplying the drug at street level and collecting money to be returned to Waeil Rustom eventually.
On Friday 14 August 2015, Gure supplied one bag of cocaine to a customer at the request of Vernon.
On Sunday 16 August 2015, Gure supplied one bag of cocaine to another customer for $250 at the direction of Abdul Rustom. Later that night Vernon took over the direction of the syndicate business from Abdul Rustom. Vernon then directed Gure to supply a second customer with one bag of cocaine and a third customer with two bags of cocaine.
On Friday 21 August 2015, Vernon asked Gure to supply two bags of cocaine to a customer in Dank Street Waterloo. Gure did so.
All told Gure knowingly took part in the supply of 56 bags of cocaine weighing 42 grams, over eight times the indictable quantity of cocaine. He did so either as a go-between courier or by delivering directly to customers. This was in a period of just over six weeks.

[7]

Personal circumstances: (a) Ahmed Naaman

I must consider the personal circumstances of each of these offenders. They are. I turn first to Ahmed Naaman. Naaman was born in Sydney on 17 August 1983. At the time of his offending he was aged either 31 or 32. He is now 34 years old. He has no prior convictions. He comes before this Court as a man of prior good character. On 29 September 2015, he voluntarily attended Bankstown Police Station, where he was cautioned and then arrested. He has not spent any time in custody. He pleaded guilty to this charge in the Local Court at Burwood on 7 December 2016. He is entitled a 25% discount on the sentence otherwise to be passed upon him for the utilitarian value of his early plea of guilty.
Naaman did not obtain any monetary benefit from his involvement in the syndicate, but he was supplied drugs for nothing by Waeil Rustom, drugs to satisfy an established cocaine habit.
Naaman is a single man. He still lives at home with his mother. He is one of five sons. The eldest is 42 years old, the youngest is 32 years old. The offender had an uneventful, conventional upbringing and childhood. He went to Chullora Primary School from kindergarten to year 6. He then attended Punchbowl Boys High School and completed the HSC in 2001 at the age of 18. He described his time at school as being "pretty fun" for him. He swore in an affidavit that he was never a rule breaker. He had been working casually since the age of 14 whilst he was completing his high schooling.
After high school he went to Padstow TAFE and completed a Certificate II in Information Technology. He then completed a Certificate III in Telecommunications at the Lidcombe TAFE. He then started working in the security industry, once he had obtained his security industry licence. He has worked in a number of jobs in the security industry until he was arrested by the police for his offence. His arrest caused him to lose his security industry licence. Since his arrest he has been working as a courier driver on a fulltime basis.
In 2008 when he was working for Cash in Transit he was the subject of a robbery. Fearing for his life he handed over the money which he was carrying in the course of his work. He reported this robbery to police and provided a statement and participated in a walk-through re-enactment. He makes it clear in his affidavit sworn on 28 July 2015, that he did not interact favourably with the police and he found their conduct intimidating.
Naaman's father died in January 2010. There are two sources for that date: they are a history given by the offender to Mr Sam Borenstein, a clinical psychologist who interviewed him on 5 July 2017, and a reference provided by his brother Bader Naaman, dated 10 July 2017. In his affidavit the offender described his drug taking in this way: "25. I held it together for about a month after losing my father. After that I met a guy at a party who introduced me to cocaine. The first time I took it I was at a BBQ. I was 28 at the time. I was a bit curious about cocaine because he made it sound so great, so I tried it. Every time I took cocaine I would forget about everything. Depending on my mood, it affected me differently. I would only take it once a month. At the height of my addiction, I was using it approximately five times a week. I was spending about $1000 a week. My entire wage would go to fund my drugs. At the time, I was earning approximately $1200 a week from my job. 26. I wanted to escape my reality. I was sick of feeling sad about my dad not being around anymore. Taking drugs was a temporary get away for me. Partying and using cocaine was my way of just letting go. During this time, I was still working fulltime. I would sometimes take drugs at work to kill the boredom of my job. It would make the time go faster." In a later paragraph of his affidavit, the offender admitted to being a "drug junkie".
I have a problem with the material that I have just quoted because I know that the offender turned 28 in 2011, in fact on 17 August 2011. So if he were 28 at the time he started using cocaine it was at least 18 months after his father's death. However, the offender was not cross-examined on his affidavit, and it may be the case that he started using cocaine at the age of 27.
However, people are often introduced to illicit drugs at a party. He was at a party, which was a barbecue, when he was introduced to cocaine. It is not as if he were so depressed by his father's death that he needed the drug to continue to function. But he was functioning normally, going to a barbecue, going to a party, when he was offered the drug. Furthermore, although at the commencement of paragraph 25 of his affidavit which I have quoted, the offender said that he attended the party about a month after his father's death, the history obtained by Mr Borenstein was that it was "some two months after his father's death."
Mr Borenstein diagnosed post-traumatic stress disorder, PTSD, resulting from the robbery in 2008. Nevertheless, the offender did not receive any psychological counselling or any treatment following that robbery and there is no evidence that he ever sought any treatment or counselling. The diagnosis of Mr Borenstein was made some five years after the robbery and I can only regard it as speculation.
Mr Borenstein also suggests that the offender turned to cocaine to self-medicate following the death of his father to mitigate his grief. But that also is a matter for speculation in my view.
Mr Borenstein pointed out that the results of testing indicated that the offender had a mild to moderate symptoms of depression, but no anxiety or stress. On the penultimate page of his report, Mr Borenstein observed that the offender was focused on his upcoming Court case and that he was emotionally vulnerable and that he thought the offender required psychological treatment. One would expect anybody about to stand for sentence to be suffering from anxiety and depression. Mr Borenstein's testing indicates that this offender was not suffering from anxiety but was suffering from depression. I am not assisted on this occasion by Mr Borenstein's opinion, it is speculation long after relevant events.
However, it is clear from the offender's affidavit that he fell in with bad company, fell into the habit of gambling, consuming drugs and other anti-social practices. He commenced attending premises in Greenacre which appear to have been under the control of Waeil Rustom, met his co-offenders there and they were all "partying", consuming drugs. This offender's criminal activity was caused by his falling in with the wrong crowd, falling into a group of people directed by Waeil Rustom.
On the positive side the offender has been abstinent from drugs since the time of his arrest and remains in fulltime employment. In an Intensive Correction Order assessment report, prepared by Community Corrections on 12 September 2017, the following is statement: "Mr Naaman appears to have taken responsibility for his offence and attributed his substance use and negative peers for his bad choices. He admitted that he was caught up in a negative lifestyle, which led to his offending behaviour." Naaman has been assessed as being suitable for the imposition of an intensive corrections order.
From the facts I have recited relating to Naaman's involvement in this syndicate, I am satisfied that he was substantially involved in the business of the drug syndicate albeit that his involvement was casual and sporadic. The fact that he was entrusted to man the telephone to direct the business points to his being substantially involved in this drug trafficking syndicate. However, clearly his role was relatively minor.

[8]

(b) Abdul Rustom

Abdul Rustom (I trust I shall be forgiven for merely calling him Abdul) was born in Sydney on 3 November 1986. At the time of his offending conduct he was aged 28. He is now 30 years old. He has no relevant prior conviction. He was fined for two traffic offences committed on 31 December 2011. I accept that, like Mr Naaman, he comes before this Court as a man of prior good character.
On Friday 12 October 2015, Abdul voluntarily attended Bankstown Police Station, was cautioned and arrested. He has not spent any time in custody. He also pleaded guilty in the Local Court at Burwood on 7 December 2016. Like Naaman he is entitled to a 25% discount on the sentence properly to be passed upon him on account of the utilitarian value of his early plea of guilty.
Like Mr Naaman, Abdul did not earn any money as a result of his involvement in this syndicate. Like Mr Naaman, he was provided drugs for his assistance, drugs to continue to support his pre-existing drug habit.
Abdul still lives at home with his parents and a younger brother, Khaled, who is currently 22 years old. He is currently in a stable relationship which has existed for over 18 months now. I understand that he may well be engaged.
There is a discrepancy concerning his education between the contents of his affidavit of 27 July 2015 and a history recorded by Mr Sam Borenstein who interviewed him on 18 July 2015. Since Abdul was not required for cross-examination on his affidavit I shall prefer the affidavit to Mr Borenstein's history. The offender in his affidavit said this: "6. I resided in Greenacre up until I was about 13 years of age. My family then relocated to Ashcroft, where I attended Ashcroft High School until year 10. 7. I found the transition from Punchbowl Boys High School to Ashcroft High very difficult. At Punchbowl Boys I had a good circle of friends, whereas I didn't fit in well at Ashcroft and felt isolated. 8. I didn't do well at school and education was not really a priority as we had a family business and I was expected to go and work there." Mr Borenstein obtained a history that the offender was suspended at Ashcroft High School for truanting.
After leaving school Abdul began working in the family business at Flemington Markets. A family member owned two fruit and vegetables stands which were operated from 3am to 11am. The offender's job at Flemington Markets included cleaning, packing and storing fruit and vegetables and occasionally serving customers. He worked in the family business until he was about 20 years old. He then was unemployed for six months trying to find some other line of work. He then started working again at the markets for Criniti Brothers where he worked for two years before going for an overseas holiday in Lebanon in 2010. When he returned to Australia he started working again at the markets for Criniti Brothers and then for DMV Packers who were a packaging company, their supplying major food chains such as Woolworth's. He was working there at one time with one of his brothers, Omar. The offender worked with DMV until he was 26 years old but then returned to working in the family business for several months because the family business had a problem obtaining suitable staff.
At this stage in his life the offender started pursuing a destructive lifestyle. He started regularly attending a local hotel where he was involved in drinking and gambling and "hanging out" with some local people of his age. He was introduced to the drug "ecstasy" the use of which he gradually increased. At the height of his use of ecstasy he was using the drug three or four times each week. At one time he worked for Waeil Rustom, who is his brother, at a convenience stall at Wentworth Point. He eventually fell in with the group of people hovering around Waeil Rustom and his drug habit increased.
His arrest was clearly a disappointment to his family and those who supported him. After his arrest he returned to the Flemington Markets and has been working with his older brother, Omar. He is still working there five days a week commencing at 2am and working until 10am. When he finishes work he goes home and spends time with his parents. He has increased his weight since his arrest because he has given up taking illicit drugs. However to make up for that he seems to have been taking too much alcohol. The offender wants to get fit, to lose weight by taking up boxing.
In his affidavit Abdul said this: "I cannot explain how sorry I am for my offending behaviour. I should have known better and not allowed myself to be consumed by the world of drugs ..." His affidavit also gives me a sworn promise never to offend again. I accept that the offender is contrite and I accept the formulation made by Corrective Services that the offender is at low risk of reoffending.
The pre-sentence report identifies the offender's criminogenic needs as dealing with alcohol and drugs and dealing with inappropriate associates, that is the poor peer group which also led Mr Naaman into trouble. The offender has been assessed as being suitable for a Intensive Corrections Order and appropriate strategies have been described by Department of Community Corrections.
Mr Borenstein said this in his report of 19 July 2017: "Mr Rustom is a man of limited intellectual and emotional resources. Psychological testing confirmed extremely low intellect. Mr Rustom functions in the bottom two percentile range compared to aged peers. Mr Rustom's reading ability is limited. Results of the Test of Memory Malingering (TOMM) rules out impression management and/or misrepresentation. Mr Rustom lacks emotional resources. His low EQ potentiates depression and symptoms of anxiety. Mr Rustom's education and vocational path confirms test results, namely extremely low intellectual and emotional resources, making him more vulnerable to the influence of his peers." I accept that opinion of Mr Borenstein. It explains how the offender Abdul Rustom came to take up the consumption of illicit drugs and how he fell readily into the hands of the syndicate managed by his older brother.
However it must be pointed out on the other hand that the offender did on at least one occasion manage the business of the syndicate by manning the syndicate telephone and "directing traffic" of the syndicate on one occasion. I accept that his role in the syndicate was similar to that of Mr Naaman. I accept that he was substantially involved in drug trafficking although clearly his involvement was much less than, for example, that of Mr Vernon.

[9]

I turn now to the personal circumstance of Cabdiqure Gure. Mr Gure was born on 1 June 1969 in Somalia. At the time of his offending he was 46 years old. He is now 48 years old. He came to Australia in 1992 and was eventually given refugee status. He became an Australian citizen in 1994. He has no criminal history. I accept that Gure comes before this Court as a man of prior good character.
Mr Gure arrived in Australia when he was 23 years old. His history prior to that indicates that he was subjected to traumatic circumstances which most citizens of this country have never experienced. Mr Gure was raised by his grandfather who also raised his brothers. When civil war broke out in Somalia he fled that country. He crossed the border into Kenya. It took two weeks to cross that border. He spent two months in Kenya and then crossed into Ethiopia. He spent two months in a refugee camp in Ethiopia. In his affidavit he said this: "I helped many people cross the border, older people, women and children. I would give them some of my food. I was lucky as I had some money on me at the time, about a couple of hundred dollars, which was a lot of money to purchase food and accommodation. I shared my money around to many people." Mr Gure then bought a forged passport which may have been Tanzanian or Kenyan. He used it to get to Thailand and then to Sydney. When he arrived in Sydney he was sent to the Villawood Detention Centre and was incarcerated there for three months before being given political asylum and temporary residency. As I earlier stated some two years or a little longer later he became an Australian citizen.
As to his family he said this: "I haven't heard from my mother since leaving Somalia in 1991. In about 2010 or 2012 I was told that my younger brother may possibly be in America. I last saw him when he was 17 years old. I don't know whatever happened to my older brother."
Fortunately, Mr Gure has a stable, positive and supportive relationship with a lady which commenced either in 2000 or 2002. Initially Mr Gure did not tell his de facto wife about his crime but he has now done so and she remains supportive of him.
The offender's employment history is somewhat lengthy. The best summation of it is contained in the presentence report of 10 July 2017. It says this: "Mr Gure reported he was educated in Somalia and completed an equivalent to year 12. Following his settlement in Australia in 1992, Mr Gure advised that he had held employment as a machine operator before moving to Queensland in 1993 where he was unable to find work. In 1994 he stated he moved back to New South Wales and held employment in various positions as a machine operator, taxi driver and sales assistant since 1994. As a result of the current offence, Mr Gure's taxi licence was suspended, thus resulting in a loss of employment. Since June 2016, Mr Gure has been employed as a sales assistant. Contact with the employer confirmed his employment and noted Mr Gure's positive contribution to the working environment." That employment appears to be at the Sydney Markets at Flemington working between 12 midnight and 9am on Mondays to Fridays but at different hours over nine hour shifts on a few of those days.
Mr Gure obtained no illicit financial reward for his involvement in this drug syndicate. When he was driving his taxi for the syndicate he was paid the normal fare that would be paid to a taxi driver. His only other benefit than having additional taxi work was that on the "odd occasion" he would be given some cocaine, that is rewarded in drugs, as were Mr Naaman and Mr Abdul Rustom.
Community Corrections have identified the offender as being suitable for the imposition of an Intensive Corrections Order. Community Corrections are prepared to refer Mr Gure to a mental health service provider because they recognise he may need some such assistance, not because of his involvement with the drug syndicate but rather because of psychological problems resulting from his unfortunate background.
Mr Gure was interviewed by Mr Tim Watson-Munro, a consultant forensic psychologist, on 6 July 2017. Mr Watson Munro diagnosed a depressive disorder. He recommended that the offender have treatment whatever the outcome of his sentencing hearing. Mr Watson Munro encapsulates Mr Gure's history in this fashion: "He describes a complex clinical history referable to his exposure to the harsh realities of civil war in Somalia during his formative years and ongoing issues arising from fleeing his country of origin, where he lived in Kenya for a time, before eventually arriving in Australia as a refugee. He reported ongoing adjustment issues referable to living in Australia notwithstanding his safety here. Amongst these has been a lack of contact with his mother and siblings since 1991. Compounding his difficulties, he was using cocaine and although this never reached the level of an addiction, it was nevertheless sufficient to compromise his judgment, against a backdrop of him [sic] interacting with an adverse peer group. It was essentially because of the confluence of these issues that this offending behaviour occurred. On examination Mr Gure expressed appropriate remorse for what had happened and it is clear that he would benefit from treatment." I accept that opinion of Mr Watson Munro and it explains why Mr Gure got himself involved with this drug syndicate.
I also accept that Mr Gure is genuinely remorseful for his offending behaviour. He expressed the same in the final paragraph of his affidavit of 28 July 2017. The presentence report suggests that Mr Gure was not accepting responsibility for his criminal behaviour but it is clear from the ICO report that this responsibility is now being taken by him although he still has a tendency to minimise Mr Gure's offending behaviour.
I cannot describe Gure's criminality as being any less than that of Ahmed Naanman and Abdul Rustom. That is because of the extent of his involvement supplying over eight times the indictable quantity of drugs and, although he was introduced to the group by Vernon in the ordinary course of Mr Gure's work as a taxi driver, he clearly then participated more closely in the work of the syndicate by acting as a courier taking drugs for example from Waeil Rustom to Vernon independently of any other person being present in his vehicle at the time.

[10]

(d) Denial Sfeir

Sfeir was born on 27 January 1971 in Australia. At the time of his offending he was 44 years old. He is now 46 years old. He has a criminal history. He committed two offences of obtaining money by deception on 15 March 2001 for which he was placed on a bond to be of good behaviour for a period of twelve months pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 by the Downing Centre Local Court on 8 May 2001. This is not a significant or lengthy criminal history.
The offender voluntarily attended Bankstown Police Station on 2 October 2015 and was then cautioned and arrested. He has spent no time in custody. Like the other three men currently standing before me, he pleaded guilty in the Local Court at Burwood on 7 December 2016 and like the other three he is entitled to a 25% discount on the sentence properly to be passed upon him for the utilitarian value of his early plea of guilty. Like the other three men he received no financial reward for his involvement with the business of this syndicate but he was supplied free drugs.
The offender's parents reside with him at his home in Greenacre. His father is currently 89 years old and his mother is 70 years old. He has three siblings, a sister who is 52, a brother who is 50 and a sister who is 48. He is a single man and cares for his now elderly parents.
When the offender was three years old his family decided to move back to Lebanon from Sydney. However life became too difficult in Lebanon because of the civil war in that country. In his affidavit of 26 July 2017, Mr Sfeir said this: "7. Life in Lebanon was very difficult for me and my family. Between the years 1978 and 1984 a civil war broke out. Whilst I don't recall much because of my young age, I do remember the constant sounds of gunfire and people screaming. 8. When I was about 10 years old we fled Northern Lebanon due to the increased and imminent threat to us. As we were rushed out of the family home I witnessed a man being shot and falling to the ground right in front of us. We all got into the car and my dad had sped off and fled to the villages in the mountain. We remained there until our return back to Australia." The offender was 14 years old when his family returned to Australia. The family had lost all they had acquired, that is all their possessions and money and was suffering both mentally and emotionally. Fortunately the offender had attended an English speaking school in Lebanon and was able to complete his education in Australia at Maroubra Junction High School because he was staying at his grandmother's house in Maroubra once the family returned from Lebanon.
The offender left school in year 11 when the opportunity to become a motor mechanic came up. In essence, the offender is a motor mechanic but he never completed his TAFE course but for many years now he has been treated as a mechanic. He has held a number of responsible jobs as a mechanic and these are outlined in detail in his affidavit which I need not recite. At the time of swearing his affidavit, 26 July 2017, the offender was working at Parramatta as a workshop manager of a large company involved in marketing motor cars.
He is a responsible, mature man. One must ask oneself why he turned to illicit drugs and why he became involved in the business of this syndicate? In his late twenties he entered into a relationship with a lady and they experimented with cocaine. He would take about half a gram of cocaine on a weekend from time to time during the three years that his relationship with that lady lasted. However when the relationship broke up the offender continued to take cocaine, albeit less frequently, about once a month. He became involved with this syndicate because of a long acquaintance with Waeil Rustom, perhaps because of their common Lebanese background.
In his affidavit the offender said this: "I regret my actions and accept how my conduct has an effect on the community. Since my arrest I have remained drug free and will continue to do so. I have changed my attitude and returned to being a hard working individual who supports and provides for his family. I am confident I will never appear before the Court for any matters and just want to move past these events and to continue to live my life drug free and as a hard-working individual."
It is clear from the three reports that are before me from the Department of Community Corrections that the offender has a low risk of reoffending. In the presentence report of 19 July 2017 it was pointed out the offender was suitable to perform community service but because of his background that there were no suitable developmental programs available for the offender, essentially because he was not seen to have any criminogenic needs. The first ICO report said that he was unsuitable for an ICO because Community Corrections were then unable to provide any community service placements for him. There was then a further interview with Community Corrections and the offender agreed to adjust his work programme so that he is now eligible for an ICO because he can perform community service work and the Community Corrections now believe that the offender would be assisted with drug relapse prevention.
This offender's criminality is, as I have already pointed out, much less than those of the other three men with whom he stands for sentence, given that his involvement was limited to three occasions. If it were absolutely necessary for me to make a finding I would not find that he was substantially involved in drug trafficking. However, he must serve some sentence of imprisonment merely to enforce general deterrence as well as specific deterrence and it must be made clear that the community rightly condemns those involved in drug trafficking, who peddle drugs to members of the public and that can often lead to things such as overdoses and deaths but more usually to drug addiction which leads to other forms of criminal behaviour, that is, the interest of the public requires denunciation of the conduct involved.

[12]

Sentences

Ahmed Nassim Naaman, on the charge that between 10 July 2015 and 17 September 2015 in and around Sydney in this State, you did knowingly take part in the supply of a prohibited drug namely cocaine, you are convicted. I sentence you to imprisonment for a term of one year and ten months commencing on 27 October 2017 to be served by way of Intensive Correction in the community. You are to report to the Community Corrections office at Bankstown within two business days. You may be seated sir.
Abdul Karim Rustom, on the charge that between 10 July 2015 and 17 September 2015 in and around Sydney in this State, you did knowingly take part in the supply of a prohibited drug namely cocaine, you are convicted. I sentence you to imprisonment for a term of one year and ten months commencing on 27 October 2017 to be served by way of Intensive Correction in the community. You are to report to the Community Corrections office at Liverpool within seven days. You may be seated sir.
Cabdiqure Gure, on the charge that between 10 July 2015 and 17 September 2015 in and around Sydney in this State, you did knowingly take part in the supply of a prohibited drug namely cocaine, you are convicted. I sentence you to imprisonment for a term of one year and ten months commencing on 27 October 2017 to be served by way of Intensive Correction in the community. You are to report to the Community Corrections office at Leichardt within two business days. You may be seated sir.
Denial Michael Sfeir, on the charge that between 10 July 2015 and 17 September 2015 in and around Sydney in this State, you did knowingly take part in the supply of a prohibited drug namely cocaine, you are convicted. I sentence you to imprisonment for a term of one year and six months commencing on 27 October 2017 to be served by way of Intensive Correction in the community. You are to report to the Community Corrections office at Bankstown within two business days. You may be seated Mr Sfeir.
Now I advise each of you four gentlemen that should you not comply with the terms of the Intensive Correction order that you risk the possibility of spending the rest of the time of the Intensive Corrections order, that is for three of you one year and ten months and for Mr Sfeir one year and six months, in gaol fulltime. It is, therefore, in your interests to make sure you comply with all of the requirements of the ICO.