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District Court 7 February 2025

R v Wasir

[2025] NSWDC 19

DrugsFraud & dishonestyTheft & property

Citation: R v Wasir [2025] NSWDC 19
Court: District Court of New South Wales
Date: 7 February 2025
Judge: Scotting DCJ

Background

The offender, a 24-year-old international student in his fourth year of an oral health degree at Charles Sturt University in Wagga Wagga, pleaded guilty to four offences in the Local Court. He used the Snapchat account "Cloudii44" to arrange and conduct cocaine sales, meeting customers on campus and at locations across Wagga Wagga on at least 20 occasions between March and May 2023.

In total, the offender supplied 249.95 grams of cocaine at an average purity of 35%, ranging from small street-level sales to a 55.6-gram supply to an undercover police operative. He also stole Lidocaine from his university's dental clinic, intending to use it to adulterate future cocaine supplies, and directed two co-offenders to conduct sales on his behalf, collecting the proceeds.

Police arrested the offender on 11 May 2023 following a controlled transaction. A search of his residence uncovered $17,950 in cash, several of the banknotes matching serial numbers of marked bills used by an undercover operative, which grounded the proceeds-of-crime charge.

  • The appropriate sentence for four offences: larceny, knowingly dealing with proceeds of crime, knowingly directing the activities of a criminal group, and knowingly taking part in the supply of a prohibited drug.
  • Whether a 25% guilty plea discount applied.
  • The standard of proof applicable to findings of fact adverse or favourable to the offender at sentence.
  • Whether the sentence should be served by way of an Intensive Corrections Order (ICO) rather than full-time imprisonment.

Decision

His Honour applied the standard set out in R v Olbrich: findings adverse to the offender required proof beyond reasonable doubt, while findings favourable to the offender required proof on the balance of probabilities. The offender received a 25% sentence discount for his early guilty plea in the Local Court, as required by s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999.

The court considered the objective seriousness of the offending. The drug supply was sustained and commercial in nature, spanning two months, involving multiple customers, and including the direction of co-offenders. The plan to adulterate cocaine with Lidocaine stolen from a university dental clinic demonstrated an additional calculated dimension to the conduct.

In mitigation, Scotting DCJ weighed the offender's youth (24 at the time of offending), good childhood, positive character references from colleagues in both his dental and security roles, a psychologist's report addressing mental health and addiction issues, and evidence of ongoing drug-free urinalysis results. The offender was assessed as suitable for community service work.

The court concluded that community safety, the paramount consideration, was best served by an ICO rather than a return to full-time custody, relying on Mandranis v R [2021] NSWCCA 97. The offender's gainful employment and commitment to rehabilitation weighed in favour of serving the sentence in the community. His Honour reduced the total term by one month to account for pre-sentence custody, noting that an ICO cannot be backdated.

Orders Made

  • An aggregate term of imprisonment of 2 years, to be served by way of an Intensive Corrections Order (ICO) pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, commencing 7 February 2025 and expiring 6 February 2027.
  • The offender must report to Campbelltown Community Corrections Office on or before 4pm on 14 February 2025.
  • Standard ICO conditions apply: no further offending; submission to supervision by a Community Corrections Officer.
  • Additional conditions:
  • Abstain from all restricted or prohibited drugs except those prescribed by a medical practitioner.
  • Receive treatment for mental health and drug addiction as directed by Community Corrections.
  • Perform 150 hours of community service work.
  • The offender was advised that non-compliance may result in formal warnings, more stringent conditions, or revocation of the ICO and a requirement to serve the balance in full-time custody.

Key Takeaways

  • The District Court confirmed that community safety is the paramount consideration when deciding between full-time custody and an ICO, and found that an offender's active rehabilitation, employment, and commitment to addressing addiction can tip that balance toward a community-based order.
  • Under Mandranis v R [2021] NSWCCA 97, the Court of Criminal Appeal had established that protection of the community can, in appropriate circumstances, be best achieved by allowing rehabilitation to continue in the community rather than by imprisonment.
  • A guilty plea entered in the Local Court at an early stage attracted a 25% sentencing discount pursuant to s 25D(2)(a) of the Crimes (Sentencing Procedure) Act 1999.
  • Where pre-sentence custody exists but an ICO is imposed, the sentencing court cannot backdate the order; instead, it may reduce the nominal term of imprisonment to account for time already served.
  • Commercial-scale drug supply conducted over a sustained period, involving direction of co-offenders and deliberate adulteration of product, will be treated as seriously aggravating features, even where the offender has mitigating personal circumstances.

Legislation and Cases Referenced

Legislation
- Crimes Act 1900 (NSW), ss 93T(4A), 117, 193B(2)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7(1), 21A, 25D(2)(a)
- Drug Misuse and Trafficking Act 1985 (NSW), s 25(1)

Cases
- R v Olbrich (1999) 199 CLR 270
- Mandranis v R [2021] NSWCCA 97