Mohamed v R [2012] NSWCCA 173

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mohamed v R [2012] NSWCCA 173 Hearing dates: 18 July 2012 Decision date: 16 August 2012 Before: Allsop P at [1] Latham J at [1] Davies J at [1] Decision: 1. Extend time for the filing of leave to appeal up to and including 26 March 2012. 2. Application for leave to appeal refused. Catchwords: CRIMINAL LAW - sentencing - application for leave to appeal on ground of manifest excess - drug and weapon offences - no operative error - sentence within appropriate range - no question of principle arising Legislation Cited: Weapons Prohibition Act 1998 (NSW) Cases Cited: Tran v R [2010] NSWCCA 183 Category: Principal judgment Parties: Ahmed Mohamed (Applicant) Regina (Respondent) Representation: J Cohen (Applicant) T Smith (Respondent) Elliot Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/49124 2009/250074 Decision under appeal Citation: [2010] NSWDC 322 Date of Decision: 2010-11-26 00:00:00 Before: Berman SC DCJ File Number(s): 2009/49124 2009/250074

Judgment 1THE COURT: On 18 July 2012, the Court made orders extending time for the filing of an application for leave to appeal up to and including 26 March 2012 and refusing leave to appeal. These are the reasons for those orders. 2The reasons are to be read against the background of the submissions of the parties, in particular their written submissions. 3The background was summarised accurately in the Crown's submissions, as follows: "The applicant pleaded guilty to two counts of supply prohibited drug (cannabis and 1-benzylpiperazine), possess prohibited weapon (taser), conduct drug premises, ongoing supply of prohibited drug (methylamphetamine) and possession of shortened firearm without authority. There were a number of other matters to be taken into account on four different Form ones. All the charges other than the ongoing supply of prohibited drug and possession of the shortened firearm arose from a search by police of the applicant's premises on 3 June 2009. The other two charges were committed whilst the offender was on bail for the first set of drug and weapon offences. They related to the offender's involvement in supplying an undercover operative on four occasions with methylamphetamine and police locating a loaded sawn off shotgun when they searched the applicant's premises following his arrest on 12 November 2009." 4The individual sentences imposed were as follows: Offence Maximum Penalty Sentence Conduct drug premises 12 months imprisonment and/or fine $5,500 Fixed term of six months (11.11.09 - 10.05.10) Supply prohibited drug (13 grams 1-benzylipiperazine - 40 tablets) 15 years imprisonment and/or fine $220,000 Fixed term of 18 months (11.2.10 - 10.08.11) Supply prohibited drug (448.2 grams cannabis) 10 years imprisonment and/or fine $220,000 Fixed term of 18 months (11.2.10 - 10.08.11) Form 1: Deal with property proceeds of crime ($4320 cash) Possess prohibited drug (1 gram located in pocket) Possess prohibited drug (5.4 grams located in bedroom) Possession of prohibited weapon (operating taser stun gun) 14 years imprisonment Non-parole period 18 months (11.2.11 - 10.8.12) Form 1: Possession of prohibited weapon (non-working taser) Balance of 12 months (11.8.12 - 10.08.13) (A standard non-parole period of three years applied) Possession of shortened firearm 10 years imprisonment Fixed term of two years (11.11.11 - 10.11.13) Form 1: Possession of unregistered firearm (same shortened firearm) Possession of ammunition Ongoing supply prohibited drug (4 supplies methylamphetamine) 20 years imprisonment and/or fine $385,000 Non-parole period two years (11.11.12 - 10.11.14) Form 1: Supply 6.8 grams of cannabis Balance of two years (11.11.14 - 10.11.16) Supply 3.5 grams of cannabis Deal with property suspected to be proceeds of crime ($1800) Deal with property suspected to be proceeds of crime ($300)