R v Rabieh [2023] NSWDC 436

District Court New South Wales

Medium Neutral Citation: R v Rabieh [2023] NSWDC 436 Hearing dates: 29/5/23-14/6/23, 16/6/23, 18/8/23, 1/9/23 Date of orders: 1/9/23 Decision date: 01 September 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to an aggregate term of imprisonment of 9 years 2 months with a NPP of 5 years 6 months (4/2/22-3/8/27). I find special circumstances. The indicative sentences are: Count 1 – 9 years with NPP 5 years 4 months Count 2 – 7 years with NPP 4 years 2 months Count 3 – 12 months The Psychiatrist report of Dr Simonelli dated 12/8/23, and the Psychologist report of C Awit dated 4/11/19, both contained in sentence Exhibit 1, are to be forwarded to Corrective Services and Justice Health. Def applies for appeals bail pursuant to s62 of the Bail Act 2013. I note that no grounds of appeal have been provided by the Def. Application refused. Catchwords: Crime – Sentence – Knowingly take part in supply of large commercial quantity of methylamphetamine – Possessing proceeds of crime – Hardship to the offender's family Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen (2013) 241 CLR 571 Commonwealth Director of Public Prosecutions v De La Rosa [2010] 273 ALR 324 Fato v R [2017] NSWCCA 190 Le v R [2006] NSWCCA 136 Melikian v R [2008] NSWCCA 156 Nasrallah v R [2021] NSWCCA 207 R v Edwards (1996) 90 A Crim R 510 R v Nguyen [2006] NSWCCA 369. R v Togias [2001] 127 A Crim R 23 Category: Sentence Parties: NSW DPP – Crown Yosra Rabieh - Offender Representation: Mr M Gleeson for Crown Mr DW Phillips for Offender File Number(s): 2018/58863