R v Jihad MAHMUD [2010] NSWCCA 219

New South Wales Court of Criminal Appeal

CITATION: R v Jihad MAHMUD [2010] NSWCCA 219

HEARING DATE(S): 2 March 2010

JUDGMENT DATE: 24 September 2010

JUDGMENT OF: Giles JA at 1; Hulme J at 2; Latham J at 90

(i) Allow the Crown appeal; (ii) Quash the sentences imposed on the Respondent by Graham ADCJ on 15 June 2009 and in lieu thereof sentence the Respondent as follows; DECISION: (iii) In respect of the charge of possessing more than three firearms being two prohibited pistols and two prohibited firearms and which the Respondent was unauthorised by licence or permit to possess, sentence the Respondent to imprisonment for a non-parole period of 3 years and 9 months commencing on 15 January 2008 and a balance of term of 1 year and 3 months; (iv) In respect of the charge of supplying a large commercial quantity of methyl-amphetamine, sentence the Respondent to imprisonment for a non-parole period of 6 years and 6 months commencing on 15 January 2009 and a balance of term of 2 years and 6 months; and (v) Record as the date upon which it appears to the Court as the date upon which the Respondent shall become eligible for parole, 15 July 2015.

PARTIES: Regina Jihad MAHMUD

FILE NUMBER(S): CCA 2009/1953

COUNSEL: Mr F Veltro (Crown) Mr GD Wendler (Respondent)

SOLICITORS: Mr S Kavanagh (Solicitor for Public Prosecutions) Mr S O'Connor (Legal Aid Commission)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2009/1953

LOWER COURT JUDICIAL OFFICER: Graham ADCJ

- 33 - IN THE COURT OF CRIMINAL APPEAL 2009/1953

GILES JA HULME J LATHAM J