District Court
New South Wales
Medium Neutral Citation: R v Ahmad (No 2) [2025] NSWDC 184 Hearing dates: 1 May 2025 Date of orders: 22 May 2025 Decision date: 22 May 2025 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [126]-[127]
Catchwords: SENTENCING — Sentence following judge-alone trial — Drug offences — Supply prohibited drug — Deemed supply – Commercial quantity — Methylamphetamine — Firearms offences — Possess unauthorised prohibited firearm — Acquire ammunition subject to prohibition order — Bugmy considerations — Extensive criminal history
Legislation Cited: Crimes Act 1900 s 60(1AA)
Crimes (Sentencing Procedure) Act 1999 ss 5(1), 21A(2)(j), 53A
Criminal Procedure Act 1986 s 166
Drug Misuse and Trafficking Act 1985 ss 10(1), s25(2), 29; Sch 1
Firearms Act 1996 ss 7(1), 74(3)
Weapons Prohibition Act 1998 s 34(1)
Cases Cited: R v Ahmad (No 1) [2024] NSWDC 676
Bugmy v The Queen [2013] HCA 387; (2013) 249 CLR 571
R v Campbell; R v Smith [2019] NSWCCA 1
Dawson (a pseudonym) v R [2021] NSWCCA 33
R v De Simoni [1981] HCA 31; (1981) 147 CLR 383
Rv Fernando (1992) 76 A Crim R 58
R v Smith [2016] NSWCCA 75
Category: Sentence Parties: Rex (Crown)
Mohammad Ibrahim Ahmad (Offender)Representation: Counsel:
Solicitors:
B Ng (Crown)
B Eurell (Offender)
Office of the Director of Public Prosecutions (Crown)
Just Defence Lawyers (Offender)
File Number(s): 2022/00391590 Publication restriction: N/A
JUDGMENT
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Mohammad Ibrahim Ahmad, also known as Jordan Issa, stood trial before me in a judge-alone trial from 25 November 2024 to 3 December 2024. I delivered my verdict judgment on 13 December 2024 returning a finding of Guilty on all 6 counts on the Indictment. The offender now appears for sentence in respect of those 6 substantive offences.
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Count 1 relates to possession of not less than a commercial quantity of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for this offence is 20 years imprisonment with a standard non-parole period of 10 years and/or 3,500 penalty units.
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Counts 2, 3 and 4 each relate to possession of .22 calibre long-rifle cartridges which were located in three different areas of a motor vehicle. Each of these counts charges an offence contrary to s 74(3) of the Firearms Act 1996, namely possession of ammunition in contravention of a Firearms Prohibition Order that was in force. The maximum penalty for this offence is 5 years. There is no standard non-parole period.
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Count 5 relates to possession of a prohibited weapon, namely a .22 calibre long-rifle firearm magazine, which was also located in the vehicle. This offence is a contravention of s 34(1) of the
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- AGLC
- R v Ahmad (No 2) [2025] NSWDC 184
- Case
- [2025] NSWDC 184
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, primarily concerning the sentencing of Mr Ahmad. The first issue was whether the deemed supply of a commercial quantity of methylamphetamine warranted a higher penalty, given the appellant's prior convictions and the substantial quantity involved. Another significant issue was the applicability of Bugmy considerations, which require a sentencing court to consider the Indigenous status of an offender as a mitigating factor. The court also had to balance these considerations against the severity of the firearms offences and the appellant's extensive criminal record.
In delivering the judgment, the court acknowledged the appellant's extensive criminal history, which included numerous convictions for serious drug and violent offences. Despite this, the court considered Bugmy principles and recognised the potential for rehabilitation. The court found that the appellant's criminal history did not outweigh the need for deterrence and protection of the community. It was determined that the offences warranted a substantial custodial sentence, reflecting the seriousness of the drug supply and firearms charges. The court sentenced Mr Ahmad to a total of 13 years imprisonment, with a non-parole period of 9 years and 4 months.
The final orders of the court mandated that Mr Ahmad serve a total of 13 years imprisonment, with a non-parole period of 9 years and 4 months. This sentence was intended to reflect the gravity of the offences, the appellant's criminal history, and the need to protect the community, while also considering the potential for rehabilitation as per Bugmy principles.
Orders
Orders of the court
At [126]-[127]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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