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R v BB (No 7) [2021] NSWSC 1504

The offender was sentenced following a plea of guilty to 1 count of engaging in conduct that contravened a United Nations sanction enforcement law contrary to s 27(1) of the Charter of the United Nations Act 1945 (Cth).  

Nature and Circumstances: The goods imported by the offender and AA, the offender’s wife and co-offender, were intended to be used for peaceful purposes and were used for such purposes. The offender was living in Australia and a citizen of Australia and was not living, working or a citizen of Tehran. AA’s role was more senior and objectively more serious than the offender. Offender’s role was in large measure the result of directions given from Tehran by AA and, in turn, orders placed by AA’s superiors. Offender was not acting on their own initiative. Differences in citizenship and domicile render the offender’s moral culpability more serious. Offender’s conduct falls well below the mid-range of objective seriousness and is assessed about the same as AA given their moral culpability. Offending was planned, premeditated and sophisticated.  

Rehabilitation: Offender is of good character and has expressed regret and contrition for their offending. Offender’s prospects of rehabilitation are extremely high. There is no likelihood that the offender will reoffend, according with views of the Sentence Assessment Report and psychologist.  

Guilty Plea: Plea of guilty is more significant than its timing might otherwise indicate because of the complexity of proceedings and difficulty the Crown may have, and has had, in persuading a jury of guilt beyond reasonable doubt. The plea of guilty, even though late, is of significant utilitarian value. 20% discount is granted for the plea itself, its benefit to the community and the offender’s cooperation with law enforcement agencies. Discount is more than would ordinarily be appropriate for a late plea.  

Offender sentenced to 2 years imprisonment to be served by an Intensive Correction Order of 20 hours of community service per month over the 2-year period and 6 months home detention.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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