R v Mostapha Ali

[2016] NSWDC 173

District Court

New South Wales

Medium Neutral Citation:	R v Mostapha Ali [2016] NSWDC 173
Hearing dates:	23 May 2016
Date of orders:	18 August 2016
Decision date:	27 May 2016
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Offender referred for assessment for ICO. For orders see [44]
Catchwords:	Supply commercial quantity of prohibited drugs
Legislation Cited:	Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	EF v R [2015] NSWCCA 36 R v Blair (2005) 152 ACrimR 462 R v Gu [2006] NSWCCA 104 R v Wong [1999] NSWCCA 420
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Mostapha Ali (Offender)
Representation:	Solicitor: G Gaynor (Crown) Counsel: J Lawton (Offender)
File Number(s):	15/242562
Publication restriction:	Nil

REMARKS ON SENTENCE

Introduction

1. On 8 March 2016, the offender was committed for sentence from the Queanbeyan Local Court for the following two offences which occurred on 18 August 2015:

1. Supply prohibited drug, being 215 grams of MDMA pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (“DMTA”). The maximum penalty for this offence was 20 years imprisonment and a fine of $385,000.00, or both. The offence carries a standard non-parole period of 10 years.

2. Supply prohibited drug, 155 grams of methylamphetamine pursuant to s 25 (1) of the DMTA. The maximum penalty is 15 years imprisonment and a fine of $220,000.00, or both.

2. The offender also asks that an additional charge be dealt with on a Form 1. That was an offence that occurred on 24 July 2015 of supplying a prohibited drug, being 1.31 grams of methylamphetamine pursuant to s 25(1) of DMTA.

3. The offender had been arrested in the Australian Capital Territory on 18 August 2015, and spent seven days in custody there, before he was extradited to New South Wales. He was then in custody from 25 August 2015 until 6 January 2016, a total of 140 days.

The sentence hearing

4. The sentence hearing took place on 23 May 2016. The Crown bundle became Ex A. It included a Statement of Facts which may be summarised as follows. On 24 July 2015, the accused met a male known to police, in the car park at Bungendore railway station and supplied him with 1.31 grams of methylamphetamine. That offence comprises the offence on the Form 1. A discussion took place about the future supply of prohibited drugs in which the offender stated that he could supply the male person with large quantities of MDMA, methylamphetamine, cocaine and cannabis. He also stated that he could supply the male with stun guns disguised as I-phones. The 1.31 grams of methylamphetamine was analysed with a purity of 79.5%.

5. On 6 August 2015, the same male contacted the offender and negotiated the supply of 140 grams of methylamphetamine, 225 grams of MDMA and five stun guns to be supplied on 11 August 2015. The offender met the male near Sutton on 11 August 2015, but did…