New South Wales
Court of Criminal Appeal
CITATION: Mirza v R [2007] NSWCCA 248 HEARING DATE(S): 08/08/2007
JUDGMENT DATE:
14 August 2007JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 2; Harrison J at 20 DECISION: Leave to appeal is granted but the appeal is dismissed. CATCHWORDS: Criminal Law - Ongoing drug supply of cocaine - whether manifestly excessive. LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 - s 25A(1) CASES CITED: R v Sukkar [2006] NSWCCA 92
R v Smiraldo (2000) 112 A Crim R 47
Smith v R [2007] NSWCCA 138
Wong v The Queen (2001) 207 CLR 584
Truong v R [2006] NSWCCA 318
R v Sciberras (2006) 165 A Crim R 532
R v CBK [2002] NSWCCA 457
Mulato v R [2006] NSWCCA 282
Dang v R [2005] NSWCCA 430PARTIES: David Ghous Mirza v Regina FILE NUMBER(S): CCA 2007/1077 COUNSEL: N. Adams - Crown
A. Cook - ApplicantSOLICITORS: S. Kavanagh - Crown
S. O'Connor - ApplicantLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/11/0163 LOWER COURT JUDICIAL OFFICER: Marien DCJ LOWER COURT DATE OF DECISION: 27/10/2006
2007/1077
TUESDAY 14 AUGUST 2007McCLELLAN CJ at CL
HOWIE J
HARRISON J
1 McCLELLAN CJ AT CL: I agree with Howie J.
2 HOWIE J: The applicant was sentenced in the District Court on a charge of ongoing supply of cocaine contrary to s 25A(1) of the Drug Misuse and Trafficking Act. The maximum penalty prescribed for that offence is relevantly 20 years imprisonment. He had pleaded guilty in the Local Court and adhered to that plea before Judge Marien (the Judge). He was sentenced on 27 October 2006 to a term of imprisonment comprising a non-parole period of 3½ years and a balance of term of 2½ years. The sentence dated from 26 October 2006 and he is eligible to be released to parole on 25 April 2010.
3 The applicant initially relied upon two grounds of appeal, but the first was abandoned at the hearing of the application. The remaining ground is that the sentence is manifestly excessive.
4 The facts can be stated briefly. The applicant was subject to a police undercover operation whereby he supplied cocaine on three occasions between the 27 July and 12 August 2005. The supplies took place in Double Bay on 28 July, 4 August and 11 August. On each occasion the same procedure was adopted. The undercover officer contacted the applicant and arranged to purchase an ounce of cocaine at a price of $7,500. The officer attended a coffee shop in a hotel and spoke to the applicant. He left and returned a short time later. He then placed a package into the officer’s handbag and removed an envelope containing the money. The first supply involved 29.8 grams of cocaine with a purity of 49 per cent, the second involved 28.7 grams with a purity of 47 per cent and the third 28.4 grams with a…
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- AGLC
- Mirza v R [2007] NSWCCA 248
- Case
- [2007] NSWCCA 248
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed on Mirza was manifestly excessive. The court had to consider the principles of sentencing and whether the judge had appropriately balanced the factors relevant to determining the appropriate punishment. This involved examining the nature of the crime, Mirza's role in the offence, his criminal history, and the impact of his actions on the community.
The court, in considering the appeal, found that the sentencing judge had given appropriate weight to the various factors involved in determining the appropriate sentence. The judge had considered Mirza's significant involvement in the ongoing supply of cocaine, his previous criminal history, and the need for general deterrence. The court concluded that the sentence was not manifestly excessive and upheld the decision of the sentencing judge. The appeal was therefore dismissed.
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