R v Ghahremani [2019] NSWDC 582

District Court New South Wales

Medium Neutral Citation: R v Ghahremani [2019] NSWDC 582 Hearing dates: 09 August 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Criminal Before: Grant DCJ Decision: The offender is placed on a conditional release order for a period of two years with conviction. He is to be good behaviour and he is to appear before the Court if called upon and he is to abstain from the use of illicit drugs Catchwords: SENTENCING — Penalties — Conditional release order Legislation Cited: Drug Misuse and Trafficking Act Cases Cited: Dang [2013] NSWCCA 246 Pham [2001] NSWCCA 307 Category: Sentence Parties: Regina (Crown) Farhad Ghahremani (Offender) Representation: Counsel: P Lowe (Crown) D Pace (Solicitor Advocate, Offender)

Solicitors: Solicitor for Public Prosecutions Legal Aid Commission NSW/ACT File Number(s): 2917/00175839

Judgment

INTRODUCTION 1. Farhad Ghahremani appears before me for sentence having pleaded guilty to one count of supply a prohibited drug, namely, 7.26 grams of methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 15 years. The maximum penalty is an important guidepost in the assessment of sentence, a judge should steer by the maximum penalty but not aim for it. 2. The Crown case against the offender is on two bases; one of deemed supply by reason of the quantity and the limited supply to friends. He was an ice user and told the police he had purchased the ice the previous day to the search of his bedroom.