R v Taleb [2023] NSWDC 139

District Court New South Wales

Medium Neutral Citation: R v Taleb [2023] NSWDC 139 Hearing dates: 1 May 2023 Date of orders: 5 May 2023 Decision date: 05 May 2023 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [61] Catchwords: CRIME — Drug offences — Commonwealth offences — Attempted possession of marketable quantity unlawful import border control drug Legislation Cited: Commonwealth Criminal Code Act 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: R v Bardo (unrep NSWCCA 14.7.92 BC9203244) R v Clark (unrep NSWCCA 15.3.90) Parente v R [2017] NSWCCA 284 Markarian v The Queen (2005) 228 CLR 357 Robertson [2017] NSWCCA 205 Omorogbe v R [2013] NSWCCA 201 Texts Cited: N/A Category: Sentence Parties: Rex (Crown) Fadi Taleb (Offender) Representation: Counsel: Korn for Taleb Scard for the Crown File Number(s): 2021/00342570 Publication restriction: N/A

JUDGMENT

Introduction 1. Fadi Taleb appears for sentence for one offence pursuant to sections 11.1 and 307.6 of the Commonwealth Criminal Code ("CCC") of attempting to possess an unlawfully imported border-controlled drug, namely methamphetamine, in a marketable quantity. Section 11.1 provides that a person who attempts to commit an offence is punishable as if the offence had been committed. That quantity was a gross amount of 133 g but in pure form was 85 g. To be a marketable quantity the amount must exceed 2 g and be less than 750 g. The maximum penalty for this offence is 25 years imprisonment. I take the maximum penalty into account as a legislative guidepost indicating the legislature's view of the seriousness of the offence to assist in arriving at the appropriate sentence. 2. The offending occurred in the period of 23 November 2021 to 2 December 2021, on which day the offender was arrested and spent seven days in custody. He has been on bail since that time and whilst the evidence showed he has plainly been taking drugs in that time he has otherwise been compliant with his bail conditions, save perhaps for failing to report in March 2023 following a suicide attempt and for which no action was taken. 3. Upon his arrest a search of his motor vehicle found a prohibited weapon namely an extendable baton and also prohibited drugs, steroids. Those two state offenses have been dealt with in the Local Court and he received a fine and a community correction order respectively.