The Allegation

Zahid Wazir appeared before the District Court of New South Wales for sentence after pleading guilty to four serious offences arising from his involvement in drug supply and related criminal activity.
The offences included:

• Larceny of lidocaine from his university dental clinic, contrary to s 117 of the Crimes Act 1900.

• Knowingly dealing with proceeds of crime, involving $17,950 in cash, contrary to s 193B(2) of the Crimes Act 1900.

• Knowingly directing the activities of a criminal group, contrary to s 93T(4A) of the Crimes Act 1900.

• Knowingly taking part in the supply of a prohibited drug, contrary to s 25(1) of the Drugs Misuse and Trafficking Act 1985.

The drug supply offending occurred over approximately two months and involved almost 250 grams of cocaine across multiple transactions.
The Reality of the Case
While the offending was objectively serious, the Court was required to consider the full circumstances of Mr Wazir's offending, including his age, mental health, drug dependence, personal circumstances and prospects of rehabilitation.
Key factors included:

• Mr Wazir was only 24 years old at the time of the offending and had no prior convictions.

• He was in his fourth year of an Oral Health degree at Charles Sturt University.

• The cocaine supply occurred over approximately two months and involved around 20 transactions.

• His offending escalated during a period of significant psychological distress and substance dependence.

• Psychological evidence identified significant depression, anxiety and stress, together with substance dependence.

• His drug use had become excessive and daily, and the psychologist identified a connection between his mental health, substance dependence and offending.

• By the time of sentencing, Mr Wazir had maintained approximately 14 months of abstinence from illicit drugs.

• He had secured employment, stable accommodation and demonstrated a willingness to continue psychological and psychiatric treatment.
   

Our Defence Strategy
Abbas & Co presented a comprehensive case in mitigation, focusing on the individual circumstances behind the offending and Mr Wazir's capacity for rehabilitation.
The defence relied upon:

• Psychological evidence addressing his mental health and substance dependence.

• Evidence demonstrating his insight into the factors contributing to his offending.

• Character references from professionals, employers and colleagues.

• Evidence of his employment and positive contribution in the workplace.

• Evidence of his sustained abstinence from illicit drugs.

• His genuine remorse and acceptance of responsibility.

• His willingness to undertake ongoing psychological, psychiatric and drug rehabilitation treatment.

• His suitability for community-based supervision and community service.

The objective was to demonstrate that rehabilitation and community protection could be achieved without returning Mr Wazir to full-time custody.

The Court’s Considerations
The Court accepted that the offending involved significant objective seriousness, particularly given the quantity of cocaine supplied, the number of transactions and the breach of trust involved in the theft of lidocaine.
However, the Court also found important mitigating circumstances.
In particular:

• Mr Wazir's young age and lack of prior convictions were significant.

• He was found to be a person of good character.

• His mental health difficulties and substance dependence reduced his moral culpability to some extent.

• The Court accepted that his psychological symptoms and drug use had escalated rapidly.

• His need for specific deterrence was reduced because he had taken meaningful steps to address the underlying causes of his offending.

• The Court found that he had good prospects of rehabilitation.

• His remorse was considered genuine.

• His employment, stable accommodation and commitment to treatment provided a strong foundation for rehabilitation in the community.

The Court ultimately concluded that community safety could be protected through rehabilitation in the community rather than full-time imprisonment.

The Result
The Court imposed an aggregate sentence of 2 years' imprisonment, but ordered that the sentence be served by way of an Intensive Corrections Order (ICO) rather than full-time custody.
The ICO included:

• Community Corrections supervision.

• Abstinence from restricted or prohibited drugs, except those prescribed by a medical practitioner.

• Mandatory treatment for mental health and drug addiction.

• 150 hours of community service.

The order commenced on 7 February 2025 and was due to expire on 6 February 2027.
Why This Case Matters
This case demonstrates that serious criminal offending does not necessarily result in immediate full-time imprisonment where there are compelling circumstances supporting rehabilitation.
The Court's decision highlights the importance of presenting a complete and evidence-based picture of an offender, including:

• Mental health and substance dependence.

• Personal history and age.

• Genuine remorse and acceptance of responsibility.

• Rehabilitation efforts already undertaken.

• Employment and community stability.

• Prospects of rehabilitation.

• Appropriate treatment and supervision plans.

The case also demonstrates the importance of strong sentencing advocacy in presenting these factors to the Court and establishing that community protection can, in appropriate circumstances, be achieved through a carefully structured community-based sentence.
Our Expertise
At Abbas & Co Lawyers, we understand that sentencing is about more than the offence itself. We work to ensure that the Court has a complete understanding of our client's circumstances and the factors that may affect the appropriate sentence.
Our criminal defence team provides representation in matters involving:

• Drug supply and drug-related offences.

• Criminal groups and organised criminal activity.

• Proceeds of crime and financial offences.

• Property offences.

• Sentencing and mitigation.

• Intensive Corrections Orders.

• Rehabilitation and treatment-based sentencing.

We build detailed, evidence-based sentencing cases designed to place our client's circumstances, rehabilitation and future prospects before the Court.

Speak to Us
If you are facing serious criminal charges or are preparing for sentencing, the way your case is presented can make a significant difference. Contact Abbas & Co Lawyers for experienced criminal defence and sentencing representation.