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District Court 15 December 2023

R v Zreika

[2023] NSWDC 586

Assault & violenceDrugsFirearms & weapons
CRIME SENTENCE

Citation: R v Zreika [2023] NSWDC 586
Court: District Court of New South Wales
Date: 15 December 2023
Judge: Colefax SC DCJ

Background

The offender, Abraham Zreika, was sentenced for his role as a member of an organised criminal group that supplied prohibited drugs across greater Sydney. He was 20 years old at the time of the relevant conduct in 2021 and 2022. Other members of the group have been, or were expected to be, separately sentenced.

The group operated a "dial a dealer" cocaine distribution service using dedicated mobile phones known as "drug runs." The offender was involved in planning the operation of one such service, known as the Snowy drug run, which supplied hundreds of customers across Sydney between December 2021 and May 2022.

The offender also played a courier role in a methylamphetamine supply chain targeting Newcastle, and was later found in joint possession of a further quantity of the same drug. Separately, he was found to be carrying two batons with the intent to commit an assault in company.

  • The appropriate sentences for three principal offences: possessing an offensive weapon with intent to commit an indictable offence (s 33B(2) of the Crimes Act 1900 (NSW)); and two counts of supplying a prohibited drug (methylamphetamine) in a quantity greater than the commercial quantity (s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW)).
  • The correct weight to give to six additional matters on two Forms 1, including possession of prohibited drugs, dealing with proceeds of crime, participating in a criminal group, and possessing ammunition.
  • Whether special circumstances existed to justify varying the statutory non-parole period ratio.
  • The extent of any sentencing discount for the offender's plea of guilty.
  • Whether parity considerations with a co-offender's sentence required adjustment to the sentence for sequence 16.

Decision

The court assessed the objective seriousness of each principal offence and applied a discount reflecting the offender's guilty pleas. For each of the two drug supply offences (sequences 15 and 16), the pre-discount indicative sentence was 2 years 6 months imprisonment. For the offensive weapons offence (sequence 8), the pre-discount indicative sentence was 1 year 6 months. After the guilty plea discount was applied, those indicative sentences were reduced to 1 year 10 months and 1 year 1 month respectively.

The court found special circumstances justifying a departure from the standard non-parole period ratio. Four factors drove that finding: the offender's prospects of rehabilitation would be enhanced by a longer period on parole; his young age at the time of offending; the fact this was his first period in custody; and, notably, that he had been held in isolation for a significant portion of his pre-sentence custody. The court observed that the isolation appeared harsh given his age and lack of prior custodial history, and noted it appeared connected to recorded associations with organised crime networks.

The court sentenced the offender to an aggregate term of 3 years imprisonment across the three principal offences, backdated to the date of his arrest on 24 May 2022. The non-parole period was fixed to expire on 15 December 2023, the date of sentencing, with the balance of the sentence extending to 23 May 2025.

Orders Made

  • Aggregate term of imprisonment of 3 years for the three principal offences.
  • Non-parole period commencing 24 May 2022 and expiring 15 December 2023.
  • Balance of sentence commencing 16 December 2023 and expiring 23 May 2025.
  • Finding of special circumstances made, varying the statutory non-parole period ratio.
  • Six Form 1 matters certified and taken into account in fixing sentences for sequences 15 and 16.

Key Takeaways

  • The District Court applied a finding of special circumstances to extend the parole period where a young, first-time custodial offender had been held in isolation for a prolonged period before sentencing, treating that harsh custody as a relevant factor in its own right.
  • Participation in an organised drug supply network, even in a courier or logistical role, attracted significant sentences under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), which carries a maximum of 20 years imprisonment and a standard non-parole period of 10 years.
  • Form 1 matters (additional offences taken into account but not separately sentenced) were used to reflect the breadth of the offender's criminality, including drug possession, proceeds of crime dealings, criminal group participation, and ammunition possession.
  • A parity issue was raised in relation to the sentence for sequence 16 by reference to the sentence imposed on co-offender Mouhammad Zraika, who was identified as having played a lesser role in the enterprise than the offender.
  • Where agreed facts use anonymised references to co-offenders, the court noted it would be bound by those references and would not speculate as to identities, even where other proceedings offered potential clues.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 33B(2) (possessing offensive weapon with intent to commit indictable offence; maximum 15 years imprisonment)
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) (supply prohibited drug greater than commercial quantity; maximum 20 years imprisonment; standard non-parole period 10 years)

Cases:
No cases were cited in the judgment text provided. The sentencing remarks of Hanley DCJ in the related matter of Mouhammad Zraika (sentenced 13 November 2023) were referenced for parity purposes.