R v AFSARI, Abbas AKA Shayan [2016] NSWDC 419

District Court New South Wales

Medium Neutral Citation: R v AFSARI, Abbas AKA Shayan [2016] NSWDC 419 Hearing dates: 1 September 2016, 4 November 2016 Decision date: 25 November 2016 Jurisdiction: Criminal Before: King SC DCJ Decision: Indicative sentences: SEQ 1 (+011,012,013) 001 Supply prohibited drugs on an ongoing basis s25A(1) DMTA 1985 LPC 28937 FORM 1 offences - to be taken into account re SEQ 1: 3 years 011 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960 012 Supply prohibited drug >indict. quantity (not cannabis) s25(1) DMTA 1985 LPC 16960 013 Knowingly deal with proceeds of crime s103B(2) Crimes Act 1900 LPC 58339 : 3 years s166 Matters: 002 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months 003 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 12 months 004 Possess prohibited drug s10(1) DMTA 1985 LPC 3145 6 months 008 Possess/attempt to, prescribed restricted substance s16(1) Poisons and Therapeutic Goods Act 1966 LPC 53114 2 months 016 Possess instructions for manufacture etc of prohibited drug s11C(1) DMTA 1985 LPC 63269 3 months

Aggregate sentence: Convicted. Special circumstances found –need for assistance to rehabilitate in drug abuse, first time in custody. Sentence to be served partly concurrent with FT imposed in re revoked ICOs.

Sentenced to a term of imprisonment for 4 years comprised of a NPP of 2 years and 6 months to commence on 23/5/16 and to expire on 22/11/18, and a balance of term of 18 months to commence on 23/11/18 and to expire on 22/5/20. Eligible for release to parole on 22/11/18.