R v Mostapha Ali [2016] NSWDC 173

District Court New South Wales

Medium Neutral Citation: R v Mostapha Ali [2016] NSWDC 173 Hearing dates: 23 May 2016 Date of orders: 18 August 2016 Decision date: 27 May 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Offender referred for assessment for ICO. For orders see [44] Catchwords: Supply commercial quantity of prohibited drugs Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: EF v R [2015] NSWCCA 36 R v Blair (2005) 152 ACrimR 462 R v Gu [2006] NSWCCA 104 R v Wong [1999] NSWCCA 420 Category: Sentence Parties: Director of Public Prosecutions (Crown) Mostapha Ali (Offender) Representation: Solicitor: G Gaynor (Crown) Counsel: J Lawton (Offender) File Number(s): 15/242562 Publication restriction: Nil

REMARKS ON SENTENCE

Introduction 1. On 8 March 2016, the offender was committed for sentence from the Queanbeyan Local Court for the following two offences which occurred on 18 August 2015: 1. Supply prohibited drug, being 215 grams of MDMA pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 ("DMTA"). The maximum penalty for this offence was 20 years imprisonment and a fine of $385,000.00, or both. The offence carries a standard non-parole period of 10 years. 2. Supply prohibited drug, 155 grams of methylamphetamine pursuant to s 25 (1) of the DMTA. The maximum penalty is 15 years imprisonment and a fine of $220,000.00, or both. 1. The offender also asks that an additional charge be dealt with on a Form 1. That was an offence that occurred on 24 July 2015 of supplying a prohibited drug, being 1.31 grams of methylamphetamine pursuant to s 25(1) of DMTA. 2. The offender had been arrested in the Australian Capital Territory on 18 August 2015, and spent seven days in custody there, before he was extradited to New South Wales. He was then in custody from 25 August 2015 until 6 January 2016, a total of 140 days.