Mahdi Jahandideh v R [2014] NSWCCA 178

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mahdi Jahandideh v R [2014] NSWCCA 178 Hearing dates: 24 June 2014 Decision date: 08 September 2014 Before: Hoeben CJ at CL at [1] Rothman J at [2] Beech-Jones J at [36] Decision: 1. Leave to appeal refused. Catchwords: CRIMINAL LAW - appeal - sentence - sentence of imprisonment and fine imposed - legislation requiring sentencing judge to take into account financial circumstances of offender - sentencing judge relied on the need for general deterrence and appropriate financial penalty where crime committed for financial gain - applicant put on notice of possibility of fine and asked for comment - no reasonable prospects for appeal - leave refused Legislation Cited: Darter v Diden [2006] SASC 152; (2006) 94 SASR 505 Cases Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Category: Principal judgment Parties: Mahdi Jahandideh (Applicant) Regina (Respondent) Representation: Counsel: P Lange (Applicant) S McNaughton SC (Respondent) Solicitors: Legal Aid Commission (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2012/135348 Publication restriction: None Decision under appeal Date of Decision: 2013-05-21 00:00:00 Before: Charteris DCJ File Number(s): 2012/135348

Judgment 1HOEBEN CJ at CL: I agree with Rothman J. 2ROTHMAN J: Mahdi Jahandideh (the applicant) applies for leave to appeal and, if granted, appeals against the sentence imposed upon him on 21 May 2013 by the District Court. 3The applicant pleaded guilty before Central Local Court to the offence of importing a marketable quantity of a border controlled drug, namely, 2151.3 grams of opium, contrary to s 307.2(1) of the Criminal Code Act 1995 (Cth) (the Criminal Code). 4As a consequence of the plea, he was committed to the District Court where he adhered to the plea of guilty and, on 21 May 2013, was sentenced to a head sentence of 5 years' and 6 months' imprisonment, with a non-parole period of 3 years and 8 months. He was also fined an amount of $100,000. 5The applicant seeks leave to appeal on the basis that the District Court erred in imposing a fine: (a)In the absence of reliable evidence that the applicant had the means to pay the fine; (b)In the absence of evidence that the applicant had retained a profit from his offence.