R v Farah; R v Boustani [2020] NSWDC 192

District Court New South Wales

Medium Neutral Citation: R v Farah; R v Boustani [2020] NSWDC 192 Hearing dates: 04 May 2020 Decision date: 07 May 2020 Jurisdiction: Criminal Before: Yehia SC DCJ Decision: Ray Farah (1) The offender is convicted. Taking into account a discount of 20%, I impose a sentence of imprisonment consisting of a non-parole period of 4 years 9 months imprisonment commencing on 11 October 2018 and expiring on 10 July 2023 with a balance of term of 3 years 9 months imprisonment, expiring on 10 April 2027. The total term is 8 years 6 months imprisonment. The starting point before the application of the 20% reduction in sentence is 10 years 8 months imprisonment. Elias Boustani (1) The offender is convicted. Taking into account a discount of 25%, I impose a sentence of imprisonment consisting of a non-parole period of 5 years imprisonment commencing on 11 October 2018 and expiring on 10 October 2023, with a balance of term of 4 years imprisonment, expiring on 10 October 2027. The total term is 9 years imprisonment. The starting point before the application of the 25% reduction in sentence is 12 years imprisonment. Catchwords: SENTENCING – possession of a commercial quantity of cocaine – assessment of the criminality of each co-offender having regard to role played in the offence – undertaking menial tasks – role at the lower end of the range of objective seriousness Cases Cited: Brown v R [2020] VSC 60 DPP (Cth) v Politopoulos [2020] VCC 338 DPP v Morey (a pseudonym) [2020] VCC 320 DPP v Tennison [2020] VCC 343 Hili v R; Jones v R (2010) 242 CLR 520 R v Kassir [2020] NSWCCA 88 R v Michael Anderson (District Court (NSW), 27 November 2008, unrep) R v Miranda [2002] NSWCCA 89 R v Zeng [2008] NSWCCA 183 Rakielbakhour v DPP [2020] NSWSC 323 Shakhanov v The Queen [2019] VSCA 38 The Queen v Pham (2015) 256 CLR 550 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584 Category: Sentence Parties: Commonwealth Director of Public Prosecutions Ray Farah Elias Boustani Representation: Counsel: R Ranken (CDPP) B Walker SC, A Djemal (E Boustani) G Brady SC (R Farah)