R v Haidar [2020] NSWDC 916

District Court New South Wales

Medium Neutral Citation: R v Haidar [2020] NSWDC 916 Hearing dates: 17 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Criminal Before: Neilson DCJ Decision: Sentence 3 years NPP 1 year 9 months. Catchwords: CRIME – SENTENCE Supply prohibited drug (heroin) on an on-going basis – 1 matter on a Form 1 – The supply of 0.25 grams of heroin and possession of 12.57 grams of cannabis. Male age 32 years – Long history of mental illness since age 7 and drug addiction from age 11, or earlier – Moral culpability diminished – Lengthy criminal history. Plea guilty – 25% discount – Rehabilitation prospects guarded – Sentence 3 years NPP 1 year 9 months. Legislation Cited: Drug (Misuse and Trafficking) Act 1985 Category: Sentence Parties: Regina – Crown Ali Haidar – Offender Representation: Crown – Rafeeq (DPP) Offender – Voros (Voros Lawyers) File Number(s): 2020/00061922 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Ali Haidar stands for sentence as a consequence of pleading guilty to a charge that between 22 January 2020 and 25 February 2020 at Kingsgrove in this State he did, on three or more separate occasions, during a period of 30 consecutive days, supply a prohibited drug other than cannabis, namely heroin, for financial or material reward. That is an offence contrary to s 25A(1) of the Drug (Misuse and Trafficking) Act 1985 and carries a maximum penalty of imprisonment for 20 years and/or a fine of $385,000. There is no standard non-parole period. 2. The offender also asks me to take into account on a Form 1 a charge that on 31 December 2019 at Kingsgrove in this State he did supply a prohibited drug, namely heroin, and a charge that on 25 February 2020 at Kingsgrove in the State of New South Wales he did have in his possession a prohibited drug, namely 12.57 grams of cannabis.