R v Ranjbarian
[2021] NSWDC 660
At a glance
Source factsCourt
District Court of NSW
Decision date
2021-09-15
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
sentence
- Hamid Ranjbarian is for sentence in relation to two offences:
- Count 1 being an offence of conspiring between 19 July 2018 and 20 February 2019 to import a commercial quantity of a border controlled drug, namely methamphetamine, that being an offence under s 307.1(1) and s 11.5(1) of the Commonwealth Criminal Code 1995 and which carries a maximum penalty of life imprisonment. In sentencing him for that offence he asks that I take into account a further conspiracy offence on a s 16BA schedule, the maximum penalty for that offence, had it been dealt with, also being life imprisonment.
- The second count on which Mr Ranjbarian is to be sentenced is a State offence of knowingly take part in supply of 200 grams of methamphetamine on 30 January 2019. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act 1985 which carries a potential maximum penalty of 15 years imprisonment. In sentencing him for that offence he asks that I take into account two other offences of knowingly take part in supply, which are on a Form 1 document.
- The maximum penalties to which I have made reference are, of course, important guideposts in the sentencing exercise.
- Mr Ranjbarian entered pleas of guilty at a very late stage, namely the day after his trial was due to commence. It is agreed that in relation to the State matter he is entitled to a discount of 5%. In relation to the Commonwealth matter there is no specified quantum of discount in the legislation, however it seems to me appropriate to allow a discount of 5% on account of the utilitarian value of that plea. I also intend to allow an additional 5% on the Commonwealth matter based on the actions of the offender in engaging with his lawyers and amending transcripts of various telephone intercepts and listening device recordings which were in the Farsi language. As acknowledged by the Crown, this facilitated the Crown's preparation of the trial and therefore had not only utilitarian value but also is an indicator, in my view, of the offender's willingness to facilitate the course of justice.