Director of Public Prosecutions v Yusefi

[2022] VCC 2102

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-19-02478

DIRECTOR OF PUBLIC PROSECUTIONS

v

MOHSEN YUSEFI

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:	29 November 2022
DATE OF SENTENCE:	29 November 2022
CASE MAY BE CITED AS:	DPP v Yusefi
MEDIUM NEUTRAL CITATION:	[2022] VCC 2102

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW- Sentence 

Catchwords:  Sentence Indication – Plea- Possession of Drug of Dependence –

Mitigation- Good character – Time served.

Sentence:  Fine of $400 without conviction.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr J. O'Toole	Office of Public Prosecutions
For the Accused	Mr J. Lavery	Tony Danos Solicitors

HIS HONOUR:

1Mohsen Yusefi, your crime, although it arises out of a police search of the premises you were living in is of an entirely different order to that of your co-accused Mr Habibi[1].  Of the drugs that were discovered at the premises what can be attributed to you and what you have pleaded guilty to is possession of 9 grams of testosterone that were found by the police.  That is a single charge of possession of a drug of dependence.

[1] DPP v Mohsen Habibi dated 29 November 2022

2You were, after your arrest in December 2018, remanded and remained in custody for 152 days.  At that time, you were facing much more serious offences relating to commercial or a large commercial quantity of methylamphetamines.

3The resolution of your case, although late, means that you have served a sentence far longer and indeed of a different kind than is proportionate to the crime that you have pleaded guilty to ultimately.

4You are 41 and a refugee from Iran, who arrived in Australia in 2013.  You have worked as a bricklayer and are doing so presently.  You are without prior or subsequent offending.  It was put by your counsel that a fine was the appropriate sentence.  The prosecution agrees.

5It was further put that the fine should be without conviction.  The prosecution did not argue to the contrary in the circumstances of you having done 152 days in custody on remand.  In my view, given the remand days you have done, which will not be counted as part of a sentence, your fine should be moderate and should be without conviction for the crime of possession of the testosterone.  I impose without conviction a fine of $400.

6Is there anything further required?

7MR LAVERY:  No, Your Honour.

8MR O'TOOLE:   Your Honour, there are ancillary orders but we can sort those out in relation to Mr Habibi.

9HIS HONOUR:  I am happy with that.  Are you happy with that?

10MR LAVERY:  Yes, Your Honour.

11HIS HONOUR:  All right, thank you.  All right, so the fine is $400.

12MR LAVERY:  I take it there is an order of that stay of one month, Your Honour.  I think it is - - -

13HIS HONOUR:  Yes, there is a stay.  He sorts it out with Fines Victoria.

14MR LAVERY:  Yes.

15HIS HONOUR:  It has got nothing to do with the court now in a real sense.

16MR LAVERY:  Thank you, Your Honour.

17HIS HONOUR:  Thank you very much.  Thank you, Mr Interpreter