R v Bimahendali [1999] NSWCCA 409

Reported Decision : 109 A Crim R 355

New South Wales Court of Criminal Appeal CITATION : R v Bimahendali [1999] NSWCCA 409 FILE NUMBER(S) : CCA 60236/99 HEARING DATE(S) : 3 December 1999 JUDGMENT DATE : 15 December 1999

PARTIES : The Crown Eli Bimahendali JUDGMENT OF : Wood CJ at CL at 1; Sully J at 35; Simpson J at 36

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Kirkham DCJ

COUNSEL : Crown: W G Roser Applicant R Burgess SOLICITORS : S.E. O'Connor T.A. Murphy CATCHWORDS : DECISION : Leave to appeal granted. Appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

No. 60236/99 WOOD CJ at CL SULLY J SIMPSON J

WEDNESDAY 15 DECEMBER 1999 Regina v Eli BIMAHENDALI

JUDGMENT

1 WOOD CJ at CL: On 11th December 1998, the applicant pleaded guilty to one count of being knowingly concerned in the importation of a prohibited import, namely 80.1 grams of methylamphetamine contrary to s233B(1)(d) of the Customs Act 1901. On 7 May 1999, he was sentenced by Kirkham DCJ to imprisonment for six years with a non parole period of four years. 2 The maximum penalty for this offence is a fine not exceeding $100,000 or imprisonment for twenty-five years or both. The trafficable quantify for methylamphetamine is 2 grams. There is no commercial quantity specified for this substance. The maximum street value of the methylamphetamine imported on this occasion was said to be between $150,000 and $500,000, a somewhat curious figure when compared with the values attributed to the same substance in the other cases cited on appeal, but one which was apparently accepted in the sentencing proceedings. 3 The facts are as set out in the judgment (pp 1-7). Stripped of some matters of peripheral relevance, they disclose that: