District Court
New South Wales
Medium Neutral Citation: R v Mahfouz [2023] NSWDC 559 Hearing dates: 24-25 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Criminal Before: Neilson DCJ Decision: The application for detention is refused.
Catchwords: CRIME – DETENTION APPLICATION – Jury returned verdict of guilty of not guilty as charged, but guilty of supplying a prohibited drug – Application by the Crown for the detention of the Respondent – Application refused.
Legislation Cited: Bail Act 2013 (NSW)
Criminal Code 1995 (Cth)
Drug Misuse and Trafficking Act 1985 (NSW)
Cases Cited: Haddara v The Commonwealth Director of Public Prosecutions [2006] VSC 8
Texts Cited: Nil
Category: Procedural rulings Parties: R – Crown (NSW)
Respondent– Gladiss MahfouzRepresentation: R – Gul, S.
Respondent – Hopper, S.
File Number(s): 2019/00091558 Publication restriction: Nil.
Judgment
-
HIS HONOUR: On 27 September 2023, the Respondent was arraigned on an indictment, charging her that between 22 February 2019 and 22 March 2019 in Sydney, in this State, she did supply an amount of prohibited drug, 265.2 grams of cocaine, being an amount which was not less than the commercial quantity applicable to that prohibited drug. That is an offence contrary to the Drug Misuse and Trafficking Act 1985, s 25(2). On 11 October 2023, the jury returned a verdict of not guilty as charged, but guilty of supplying a prohibited drug, namely cocaine.
-
This is a detention application. The detention application was made after the jury returned its verdict. It was inappropriate to entertain the detention application at that time because the Court was sitting in court 18A in the John Maddison Tower. That was a courtroom initially designed for a civil jury trial, but the jury facilities have been expanded, so it can also be used for a criminal trial. There is no dock and no secure facilities for confining a convict.
-
I imposed new bail conditions upon the Respondent and stood the matter over part heard to Monday 16 October at 10am, when I was sitting in a secure court. The detention application was part heard on that day, and I gave the Respondent to the application, further time to prepare the case that she wished to put before me.
-
I stood the detention application over to Tuesday 24 October 2023 at 3pm. That was yesterday. Yesterday, further evidence was adduced, and in particular there was an affidavit affirmed by the Respondent's father tendered. He was required for cross-examination by the Crown. The application finished at about 4.30pm, and I stood the matter over until 2 o'clock this day on the basis that I was summing-up to a jury this morning, and I would expect to be free to give judgment in this matter this afternoon, which I now do.
-
Section 22B(1)(b) of the Bail Act 2013 is in the following terms:
"(1) During the period following conviction and before sentencing for an offence…
Continue reading R v Mahfouz
Sign in free to access the full text
- AGLC
- R v Mahfouz [2023] NSWDC 559
- Case
- [2023] NSWDC 559
- Decision Date
CaseChat Overview and Summary
The court had to consider the principles governing detention applications in light of the jury's verdict. Specifically, the court examined whether the lesser conviction warranted detention or if the circumstances of the case justified an alternative sentencing approach. The court assessed the nature of the drug supply offence, the respondent's criminal history, and the principles of proportionality and justice in sentencing.
Upon review, the court concluded that the lesser conviction did not warrant detention, as it did not reflect the full context of the jury's verdict. The court found that the principles of justice and proportionality did not support the application for detention. Therefore, the application was refused. The court emphasised that the respondent's acquittal on the main charge, coupled with the nature of the lesser offence, did not justify detention.
Orders
Orders of the court
The application for detention is refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.