R v Karimi Azar [2020] NSWDC 265

District Court New South Wales

Medium Neutral Citation: R v Karimi Azar [2020] NSWDC 265 Hearing dates: 6 April 2020 Decision date: 07 April 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Indicative sentences: Count 1 (008): 8 years with a NPP of 5 years & 3 months Count 2 (016): + s16BA form matters: 10 years with a NPP of 6 years & 6 months Aggregate sentence: Sentenced to a term of imprisonment of 12 years, comprising a NPP of 8 years to commence on 28 October 2014 and 27 October 2022 and a balance of term of 4 years commencing on 28 October 2022 and expiring on 27 October 2026. Back-up charges withdrawn and dismissed. Catchwords: CRIMINAL - Sentence – people-smuggling - charges in re 20 passengers– offender's role as "principal" or "primary organiser" – limited subjective material – difficulty of assessing prospects of rehabilitation – no remorse and/or contrition – aggregate sentence Legislation Cited: Crimes Act 1914 (Cth) Migration Act 1958. Cases Cited: Cita v R; Lamaha v R [2001] WASCA 5 Feng Lin (2001) NSWCCA 7 R v Petersen [1984] WAR 329 R v Udin Nursia and Ors (Supreme Court of the Northern Territory Bailey J, 12 January 2000), Xiou v R [2018] NSWCCA 4. Category: Sentence Parties: Regina Mohammad Naghi Karimi-Azar Representation: Counsel: Crown: Mr J Clarke Defence: Ms M Avenell