R v Rostami [2023] NSWDC 437

District Court New South Wales

Medium Neutral Citation: R v Rostami [2023] NSWDC 437 Hearing dates: 29 September 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Fulltime imprisonment. For orders see [111]. Catchwords: CRIME – manufacture prohibited drug greater than large commercial quantity. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 DPP (Cth) v De La Rosa [2010] NSWCCA 194 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hoskins v R [2021] NSWCCA 169 Parente v R (2017) 270 A Crim R 412; [2017] NSWCCA 284 Perrin v R [2021] NSWDC 408 R v Drever [2022] NSWDC 563 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: Director of Public Prosecutions (Crown) Saba Rostami (offender) Representation: Counsel: Mr N Marney (Crown) Mr E Wasilenia (offender)

Solicitors: Ms A Shrestha (Crown) Mr D Velcic (offender) File Number(s): 20/192312 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of one count of manufacture prohibited drug greater than large commercial quantity, an offence pursuant to s 24(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty prescribed for the offence is life imprisonment, and there is a standard non-parole period prescribed of 15 years imprisonment. 2. The offending occurred between 15 January 2020 and 29 June 2020 and the prohibited drug was 1,793g of methylamphetamine. The large commercial quantity proscribed for methylamphetamine is 0.5kg. 3. The offender entered a late plea of guilty after the matter had been listed for trial and at the time of the sentence hearing had spent 2 years 7 months and 22 days in custody. 4. There were three co-offenders involved in the criminal enterprise. Vahid Saeidi, the partner of the offender who was sentenced on 16 December 2022 to 8 years imprisonment with a non-parole period of 5 years commencing on 29 June 2020. Hamid Heidari was sentenced on the same day to an Intensive Corrections Order for 2 years, commencing on 16 December 2022 and Saia Fapuiaki was sentenced on 4 August 2023 to an Intensive Corrections Order for 2 years, commencing on 4 August 2023. Principles of parity in sentencing therefore are applicable to the sentencing of the offender.