R v Masoud ZIYA [2008] NSWDC 99

New South Wales District Court

CITATION: R v Masoud ZIYA [2008] NSWDC 99

HEARING DATE(S): 1 May 2008 EX TEMPORE JUDGMENT DATE : 1 May 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [15], [16] & [17]

CATCHWORDS: CRIMINAL LAW - Sentence - Knowingly take part in the supply of a prohibited drug

PARTIES: The Crown Masoud Ziya

FILE NUMBER(S): DC 2007/11/0822

SOLICITORS: NSW DPP Marsdens Law Group

SENTENCE

1 HIS HONOUR: The offender appears for sentence today after having pleaded guilty to two serious drug offences. The first was an offence of knowingly taking part in the a of 141 grams of cocaine which took place between 15 November and 22 November, 2006. The second offence was one of supplying prohibited drug, namely 3, 4-methylenedioxymethamphetamine, a drug commonly known as ecstasy. He supplied 122.4 grams of that drug on 22 March, 2007.

2 The offender pleaded guilty at an early stage to both of those matters and so is entitled to a twenty-five per cent discount for the utilitarian value of that plea. Although he was indicted before me today that seems to have come about because of an error in the committal charges and it may well be that that error was that he was in fact committed for sentence on the aggravated form of supplying the ecstasy tablets. The court papers reveal that he got a court attendance notice for supplying a commercial quantity of that drug. In fact 122.4 grams of MDMA is just short of the commercial quantity.

3 The two separate offences involve the offender acting as a middle man in drug supply activities. On the first occasion he was the middle man between a man by the name of Shamoon who was a drug supplier and a man by the name of Daher who was anxious to obtain drugs.