R v Jehad Jodeh [2020] NSWDC 18

District Court New South Wales

Medium Neutral Citation: R v Jehad Jodeh [2020] NSWDC 18 Hearing dates: 04 February 2020 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Criminal Before: DCJ Yehia SC Decision: See [134] – [136] Catchwords: SENTENCING – Relevant factors on sentence assessment of objective gravity where offender voluntarily ceases involvement in conspiracy – "Common sense" inference that the offender was motivated by financial reward – Assessment of the role of the offender in the conspiracy Legislation Cited: Crimes Act 1914 (Cth), s 16A Cases Cited: R v Pickett [2010] NSWCCA 273 R v Burns [2007] NSWCCA 228 R v Kaldor [2004] 150 A Crim R 271 R v Lee [2007] NSWCCA 234 R v Elomar; R v Hasan; R v Cheikho; R v Chiekho; R v Jamal [2010] NSWSC 10 Wong v The Queen (2001) 207 CLR 584 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association Publishing, 5th ed, 2013) Category: Sentence Parties: Jehad Jodeh Commonwealth Director of Public Prosecutions Representation: Ms P McEniery (Crown) Mr H Dhanji SC (J Jodeh) File Number(s): 2017/00241009

Judgment 1. Jehad Jodeh, the offender, comes before me to be sentenced in respect of one offence that, between 10 November 2016 and 8 August 2017, he did conspire with Moustafa Ibrahim, Ryan Watsford, Moustafa Dib and others to import a commercial quantity of a border controlled precursor, namely pseudoephedrine. The offence is contrary to ss 11.5(1) and 307.11(1) of the Commonwealth Criminal Code and carries a maximum penalty of 25 years imprisonment. 2. When I sentence him for this offence, I take into account an offence of dealing in money being reckless as to the risk of the property becoming an instrument of crime. This offence is contrary to s 400.6(2) of the Criminal Code. It is contained in a s 16BA schedule and carries a maximum penalty of 5 years imprisonment. 3. The threshold for the commercial quantity of a border controlled precursor is 1.2 kg. The amounts discussed during the currency of the conspiracy ranged between 2500 kg and 600 kg of pseudoephedrine. It is relevant to note at the outset that the Statement of Facts tendered in the proceedings discloses criminal conduct on the part of a number of individuals relating to conspiracies to import illicit substances into Australia. This offender is to be sentenced for his part in one conspiracy only – the specific conspiracy to import a commercial quantity of pseudoephedrine. 4. The Statement of Facts discloses other criminal conduct undertaken by the offender's associates for the purpose of providing context and background. Ibrahim, Watford and Dib have not been charged with the conspiracy to import a commercial quantity of pseudoephedrine. They have either been sentenced or will be sentenced by me in respect of other offences arising from the criminal enterprise or enterprises in which they were involved. 5. The offender pleaded guilty to the offence at an early stage of the proceedings and was committed for sentence on 29 May 2019 from Central Local Court. The plea of guilty has saved both the cost and time involved in running a trial and I am satisfied reflects significant utilitarian value. The sentence I impose will be reduced by 25% to reflect the utilitarian value of the plea. I am also satisfied that the offender's plea of guilty reflects his willingness to facilitate the administration of justice. 6. Although he was initially charged in respect of a separate and distinct conspiracy to import a substantial quantity of MDMA into the country, that charge did not proceed. He was later charged with the current offences and pleaded guilty. Notwithstanding that the original charge related to a different conspiracy, he has been in custody in respect of his criminal acts since 8 August 2017. He has also been in custody during that time as a result of revocation of parole. The offender's balance of term for the unrelated and earlier offences will expire on 23 September 2021. A parole review is scheduled on 13 February 2020. Clearly this raises the issue of totality and the necessity to determine an appropriate commencement date. I will deal with these issues in due course.