SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Mohanad Quzag |
Citation: | [2015] ACTSC 52 |
Hearing Date(s): | 12 February 2015 |
DecisionDate: | 12 February 2015 |
Before: | Murrell CJ |
Decision: | Sentenced to 28 months’ imprisonment: six months’ full time imprisonment; periodic detention order for eight months; remainder suspended on entering into a good behaviour order for 14 months. |
Category: | Sentence |
Catchwords: | CRIMINAL LAW – Sentence – cultivate trafficable quantity of cannabis plants – late guilty plea after plea reversals – co-offenders – comparable cases – sentencing purposes – general deterrence – rehabilitation |
Legislation Cited: | Criminal Code 2002 (ACT) s 616(5) Crimes (Sentencing) Act 2005 (ACT) ss 7, 33, 35 |
Cases Cited: | R v Li; R v Jin [2014] ACTSC 304 R v Luoc Quang Pham (unreported, Supreme Court of the Australian Capital Territory, Murrell CJ, 31 January 2014) R v Quan; R v Zhang [2014] ACTSC 385 |
Parties: | The Queen (Crown) Mohanad Quzag (Offender) |
Representation: | Counsel Mr G Mansfield (Crown) Ms N Rajapakse (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Bevan & Co Lawyers (Offender) | |
File Number(s): | SCC 131 of 2013 |
MURRELL CJ:
The offence
The offender pleaded guilty to the offence that, contrary to s 616(5) of the Criminal Code 2002 (ACT), between 10 September and 10 November 2012, he cultivated a trafficable quantity of cannabis plants with the intention of selling any of them, or believing that someone else intended to sell any of them. The offence carries a maximum available penalty of 10 years' imprisonment. A trafficable quantity is between 10 and 100 plants.
The offender has spent no time in custody.
The matter has a tortuous history. The offender was committed for trial on 22 August 2013 and the matter was listed for trial. The offender pleaded guilty. Later, he sought leave to withdraw the plea of guilty, which was granted, and the first trial date was vacated. The matter was listed for trial a second time. That trial was also vacated. A third trial was listed to commence on 27 November 2014, but the third trial date was vacated when the offender pleaded guilty on the day before the trial.
In these circumstances, the offender is entitled to very little discount under s 35 of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act). There was little utilitarian value to his plea and, generally, the other s 35 considerations do not tell in his favour.
Facts
Over the two-month period the subject of the charge, the offender attended unoccupied residential premises in Macgregor that were owned by his girlfriend’s parents. He went for the purpose of tending a cannabis crop that was being grown at the premises by a sophisticated hydroponic arrangement.
Police surveillance revealed that the offender attended the premises on an…
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- R v Mohanad Quzag [2015] ACTSC 52
- Case
- [2015] ACTSC 52
- Decision Date
CaseChat Overview and Summary
The court considered the relevant sentencing principles and compared the present case to similar cases. The court noted that the defendant had a prior criminal record and had reversed his plea, which indicated a lack of remorse. However, the court also considered the defendant's age, his limited role in the offending, and the possibility of rehabilitation. The court concluded that a sentence of imprisonment was necessary to achieve the purposes of general deterrence and to promote the rehabilitation of the defendant. However, the court also considered the defendant's prospects for rehabilitation and his willingness to enter into a good behaviour order.
Ultimately, the court sentenced the defendant to 28 months’ imprisonment, with six months to be served as full-time imprisonment and the remainder to be served through a periodic detention order and a good behaviour order. The court ordered that the defendant enter into a good behaviour order for a period of 14 months. This decision provides guidance for sentencing courts when considering the appropriate sentence for an offender who cultivates a trafficable quantity of cannabis plants and has a prior criminal record. The court’s consideration of the principles of general deterrence and rehabilitation, as well as the defendant’s prospects for rehabilitation, will be important factors in determining the appropriate sentence.
Orders
Orders of the court
Sentenced to 28 months’ imprisonment: six months’ full time imprisonment; periodic detention order for eight months; remainder suspended on entering into a good behaviour order for 14 months.
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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