R v Fallah [2021] NSWDC 207

District Court New South Wales

Medium Neutral Citation: R v Fallah [2021] NSWDC 207 Hearing dates: 1 April 2021 Decision date: 27 May 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [54]. Catchwords: Sentence – One count of supply not less than large commercial quantity of prohibited drug; multiple counts of possess proceeds of crime Legislation Cited: Confiscation of Proceeds of Crimes Act 1989 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 Mill v R (1988) 166 CLR 59; [1988] HCA 70 R v Henry (1999) 46 NSWLR 346; [1999] NSWCCA 111 Category: Sentence Parties: Director of Public Prosecutions (Crown) Mohammad Fallah Mehmandoust Sofla (Offender) Representation: Counsel: C Dobraszczyk (Crown) D Petrushnko (Offender)

Solicitors: File Number(s): 18/373538 19/153010

REMARKS ON SENTENCE 1. Following a trial which commenced in the District Court at Sydney on 19 October 2020, on 30 October 2020 the offender was found guilty of the following counts on the Indictment: Count 1 – On the 4th day of December 2018, in Kensington in the State of New South Wales, did possess the proceeds of crime, namely, $78,300.00, in circumstances where he knew that $78,300.00 was the proceeds of crime. This was an offence pursuant to s 193B(2) of the Crimes Act 1900. The maximum penalty proscribed is imprisonment for 15 years. Count 2 – Between 17 December 2018 and 23 April 2019, in Sydney in the State of New South Wales, did supply a prohibited drug, namely 11.57 kilograms of gamma-butyrolactone, an amount which is not less than the large commercial quantity applicable to that prohibited drug. This is an offence pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty proscribed is life imprisonment or 5,000 penalty units, or both. There is a Standard Non-Parole Period proscribed of 15 years imprisonment. Count 4 – On 18 April 2019, at Parramatta in the State of New South Wales, did possess proceeds of crime, namely, $5,700.00, in circumstances where he knew that $5,700.00 was the proceeds of crime. This is an offence pursuant to s 193B(2) of the Crimes Act 1900. The maximum penalty proscribed is imprisonment for 15 years. Count 5 – On 15 May 2029, at Homebush in the State of New South Wales, did possess proceeds of crime, namely, $2,510.00, in circumstances where he knew that $2,510.00 was the proceeds of crime. This is an offence pursuant to s 193B(2) of the Crimes Act 1900. The maximum penalty proscribed is imprisonment for 15 years.