Regina v Arikan [1999] NSWCCA 331

New South Wales Court of Criminal Appeal CITATION : Regina v Arikan [1999] NSWCCA 331 revised - 25/10/99 FILE NUMBER(S) : CCA 60425/99 HEARING DATE(S) : 20/10/99 JUDGMENT DATE : 20 October 1999

Regina PARTIES : v Mehmet Reha Arikan JUDGMENT OF : Mason P; James J; Kirby J

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

COUNSEL : C K Maxwell QC (Crown) P Byrne SC/A G Jamieson (App) SOLICITORS : S E O'Connor (Crown) Abigails (App) CATCHWORDS : CRIMINAL LAW; Practice and Procedure; Crown appeal against inadequacy of sentence ACTS CITED : Drug Misuse and Trafficking act, 1985 - s24(1) Crimes Act 1914 (Cth) - s16A(2)(a) Queen v Raz (CCA, unreported, 17/12/92) CASES CITED: The Queen v Olbrich [1999] HCA 54 R v Clarke (CCA, unreported, 15/3/90) DECISION : Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL 60425/99

MASON P JAMES J KIRBY J Wednesday 20 October 1999

REGINA v Mehmet Reha ARIKAN JUDGMENT

1 KIRBY J: This is a Crown appeal against a sentence imposed upon Mehmet Reha Arikan by his Honour Judge Woods QC. The sentence is said by the Crown to have been inadequate. Mr Arikan was charged with an offence under s24(1) of the Drug Misuse and Trafficking Act 1985. The indictment was in these terms: "That between 23 May 1997 and 12 August 1997 at Sydney and at Booral in the State of New South Wales, did knowingly take part in the manufacture of an amount of prohibitive drug, namely methylamphetamine, which is not less than a commercial quantity applicable to that drug." 2 Mr Arikan pleaded not guilty to that charge. A jury was empanelled. The matter proceeded for a day before Mr Arikan changed his plea. Having entered a plea of guilty, Mr Arikan then gave evidence, as did a number of other witnesses. On 1 July 1999 his Honour imposed a sentence of 18 months imprisonment to be served by way of periodic detention. On 9 July 1999 a letter was sent to Mr Arikan putting him on notice that the Director of Public Prosecutions was giving consideration to an appeal. An appeal was then lodged on 28 July 1999. 3 In 1997 the police became aware that a person, Lesley George Kalache, was involved in the widespread distribution of drugs. An investigation began. It included surveillance and listening devices. Mr Lyndon Marskell was revealed to be an associate of Mr Kalache. He was a person involved in the manufacture of amphetamines. Mr Arikan is a friend of Mr Marskell. In 1997 he had known him for about ten years. On occasions he had worked at Mr Marskell's restaurant at Bondi Junction. 4 On 11 August 1997 the police arrested Mr Marskell and Mr Arikan. The arrest took place at a remote farm known as Lot 9, Washpool Creek Road, Booral. Booral is a small town north of Newcastle. At the time of their arrest, a laboratory was operating for the manufacture of amphetamines. Detective Sergeant Clarke gave the following description of the scene: "A generator was operating at the time. A search of the area was conducted and I saw a long extension cord originating at the generator and laying on the ground about 12 to 15 feet to the side of the track. The cord disappeared further into the scrub and ran parallel to the track itself."