R v Ahmed [2013] NSWDC 323

District Court New South Wales

Medium Neutral Citation: R v Ahmed [2013] NSWDC 323 Decision date: 31 May 2013 Before: Cogswell SC DCJ Decision: (1) Bond imposed for supply of prohibited drugs revoked, offender sentenced to 18 months imprisonment, suspended. (2) For the offences which constitute the breach (larceny, knowingly carried in conveyance, damage property) an aggregate sentence of 18 months imprisonment, suspended. (3) For the offence unauthorised possession of firearm (replica pistol), and taking into account 2 other offences (possess prohibited drug and unlawful entry on inclosed lands) a fixed term sentence of 1 month and 8 days. For the offence of unauthorised possession of prohibited weapon (nunchunks) a sentence of 1 month, suspended. Both sentences to be served concurrently. Catchwords: CRIMINAL LAW - Sentence - relevant factors - spate of offending confined to a few days - on good behaviour bond when offences committed - principle of totality - response to charges - early plea of guilty - circumstances of offender - criminal record for similar offences - 10 years without offending - history of drug use - physical and mental health issues - demonstrated willingness to rehabilitate - employment and counselling. Legislation Cited: Crimes Act 1900 (NSW) ss 117, 154A(1)(b), 195(1)(a). Crimes (Sentencing Procedure) Act 1999 (NSW) ss 12, 32, 43, 53A. Criminal Procedure Act 1986 (NSW) s 166. Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), 39P. Firearms Act 1996 (NSW) s 7A(1). Weapons Prohibition Act 1998 (NSW) s 7(1). Category: Sentence Parties: Regina (Crown) Simon Ahmed (Offender) Representation: Solicitors: Bunton Law (Offender) Office of the Director of Public Prosecution (Crown) File Number(s): DC 2009/00050601; 2011/00264139