R v Mezher [2018] NSWDC 212

District Court New South Wales

Medium Neutral Citation: R v Mezher [2018] NSWDC 212 Hearing dates: 16 February and 24 April Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Criminal Before: Neilson DCJ Decision: Counts 1, 2 and 3: I sentence you to imprisonment for a non-parole period of eight years commencing on 26 January 2017 and expiring on 26 January 2025. I impose a further period of imprisonment of four years to commence upon the expiration of the non-parole period and expiring on 26 January 2029. The total sentence is therefore 12 years comprising the non-parole period and the balance of the sentence.

Count 4: I sentence you to a fixed term of imprisonment for one year to commence on 27 January 2016 and expiring on 26 January 2017. Catchwords: CRIME – SENTENCE – Drug supply – Large commercial quantity and commercial quantity – Attempt to pervert course of justice Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: R v Romano [2004] NSWCCA 380 Category: Sentence Parties: Regina (Crown) Tony Mezher (Offender) Representation: Counsel: Mr G Newton (Crown) Mr G James QC with Mr E James (Offender)

Solicitors: Solicitors for the DPP (Crown) McGirr Lawyers (Offender) File Number(s): 2014/14018 Publication restriction: Nil

Judgment 1. HIS HONOUR: Tony Mezher stands for sentence as a consequence of having pleaded guilty to four charges contained in an indictment presented on 6 July 2016. The offender also asks me to take into account on a Form 1 referable to count 1 in the indictment two further offences. 2. It is convenient to note how the offender comes before this Court. He was initially arrested by the police on 8 January 2014 and charged with certain offences. He appeared before the Waverley Local Court on 9 January 2014, the following day, when he applied for and was granted bail. The circumstances of his being granted bail give rise to one of the counts in the indictment. He was arrested again on 15 January 2014 and remained in custody until being granted bail by the Local Court on 26 June 2014. On 15 July 2015 he was committed for trial in this Court by the Downing Centre Local Court. His trial was listed for hearing on 4 July 2016. It is clear that there were then some plea negotiations and on 6 July 2016 the Crown presented the indictment to the counts of which the accused has pleaded that he is guilty. The offender surrendered himself into custody, having entered his pleas of guilty. He has been in custody ever since then. 3. His sentencing hearing commenced before me here at Darlinghurst on 16 February 2018 and was stood over part heard to the Downing Centre District Court on 24 April 2018 and the offender now appears before me today here at Darlinghurst to be sentenced.