R v SHEIKHLARY [2010] NSWDC 117

New South Wales District Court

CITATION: R v SHEIKHLARY [2010] NSWDC 117

HEARING DATE(S): 25 March 2010 EX TEMPORE JUDGMENT DATE : 25 March 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment with a non-parole period of fourteen months and head sentence of twenty-eight months.

CATCHWORDS: CRIMINAL LAW - Sentence - Supply a prohibited drug - Methylamphetamine - Benzylpiperazine (BZP)

PARTIES: The Crown Shayan Sheikhlary

FILE NUMBER(S): DC 2009/00191644

SOLICITORS: The Director of Public Prosecutions Gregory J Goold Solicitor - Offender

SENTENCE

1 HIS HONOUR: Shayan Sheikhlary appears for sentence today after having pleaded guilty at an early stage to an offence of supplying a prohibited drug. The drug in question was methylamphetamine. He asked that when I sentence him for that matter I take into account two other matters on a form one: One of possession of prohibited drug relating to 108.2 grams of cannabis and one of supplying prohibited drug, a drug by the name of benzylpiperazine, more commonly BZP.

2 The police went to the offender's premises on 25 August, 2009. They were armed with a search warrant. When they arrived they found a small quantity of cannabis and when they spoke to the offender he told them he had a confession to make. He said that he had a safe in the bathroom which contained within it a small to medium amount of Marijuana and a number of what he would call speed pills. When police searched the safe they found twenty-four methylamphetamine tablets in two separate forms as well as ten tablets of BZP.

3 The offender was then charged with supplying the methylamphetamine. By his plea of guilty and admission on the form one, he accepts that he had those drugs in his possession for the purposes of supplying them. It is also to be noted that police found other things in the accused's premises consistent with him having those drugs in the possession for the purpose of supplying them. I refer here to digital scales which bore signs of previous use, receipts for Commonwealth Bank account deposits, including significant cash deposits at times and notes on paper which, although I do not actually have the notes before me, clearly were suggestive of supplying drugs. Were it necessary for me to make a determination, I would find that the accused was supplying to a substantial degree. In any case, I am able to say that this was not supplying at the bottom of the range. The accused had a number of tablets of two different drugs and there was significant evidence of other drug supplies.