R v Elmir [2022] NSWDC 317

District Court New South Wales

Medium Neutral Citation: R v Elmir [2022] NSWDC 317 Hearing dates: 28 October 2021; 27 January 2022 Date of orders: 11 March 2022 Decision date: 11 March 2022 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: The offender is convicted. I impose a term of imprisonment comprising of a non-parole period of 14 years' imprisonment, commencing on 8 August 2017 and expiring on 7 August 2031, with an additional term of 10 years' imprisonment. The total period is one of 24 years' imprisonment. Catchwords: CRIME – conspiracy to import commercial quantity of MDMA – whether and the extent to which an undercover operation and the role of an undercover operative operate to reduce culpability – background of disadvantage and deprivation Legislation Cited: Criminal Code 1995 (Cth) ss 11.5(1) and 307.1(1) Crimes Act 1914 (Cth) ss 16A(2) and 17A Cases Cited: Cam Huynh Giang v R [2017] NSWCCA 25 McKinnon v Regina [2020] NSWCCA 106 R v Elomar & ors [2010] NSWSC 10 R v Ibrahim, Moustafa [2020] NSWDC 254 Taha v R [2022] NSWCCA 46 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584 Category: Principal judgment Parties: S Elmir (Offender) Commonwealth Director of Public Prosecutions (Crown) Representation: Counsel: J Stratton SC with J Trevallion (Offender) P McGuire SC with P McEniery (Crown)

Solicitors: Archbold Gittani Lawyers (Offender) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2017/00252667 Publication restriction: A suppression order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) applies to paragraphs [130] - [142] and [149] of this judgment. The order is made on the grounds specified in s 8(1)(e) of the Act.