R v Mousa [2021] NSWDC 799

District Court New South Wales

Medium Neutral Citation: R v Mousa [2021] NSWDC 799 Hearing dates: 17 September 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [81] Catchwords: CRIME – Commonwealth sentence – Attempt to possess a commercial quantity of a border-controlled drug – strong subjective case – use of unsworn statements in sentence proceedings Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code (Cth) Cases Cited: Lai v R [2021] NSWCCA 217 Leroy v R (1984) 2 NSWLR 441 R v Elfar [2003] NSWCCA 358 R v Imbornone [2017] NSWCCA 144 R v Olbrich [1999] HCA 54 R v Qutami [2001] NSWCCA 353 R v Sultana (1994) 74 A Crim R 27 R v Wilkinson (No 4) [2009] NSWSC 323 Category: Sentence Parties: Crown Montasir Mohamed Mousa (Offender) Representation: Counsel: Mr D Berents (Crown) Mr A Kimmins (Offender)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Simon Joyner Lawyers (Offender) File Number(s): 2019/00351186

SENTENCE

OFFENCES 1. Montasir Mohamed Mousa appears for sentence with respect to one substantive offence charged pursuant to ss 11.11 and 307.81 of the Criminal Code (Cth), namely attempting to possess a commercial quantity of a border controlled drug reasonably suspected of having been unlawfully imported. The quantity relevant to the Commonwealth legislation relates to the pure quantity of the drug which in the present circumstances was broadly speaking between a little under 900 and a little over 900 grams and a little over 1 kilogram of pure methamphetamine. The precise figures were 859.3 to a range of up to 1.329 kilograms. Such an offence carries a maximum penalty of life imprisonment and/or a substantial fine or both. 2. There is a further matter relating from the circumstances which has been charged pursuant to ss 11.11, 11.21 and 307.81 of the Criminal Code (Cth), namely aiding and abetting the possession of a commercial quantity of a border controlled drug which carries the same maximum penalty if prosecuted on indictment and separately. That has been placed on a Commonwealth schedule 16BA schedule to be taken into account in dealing with the substantive offence.