Legal Essay

Topics: Crime, Lawyer, Law Pages: 5 (1413 words) Published: March 19, 2013
A. In respect of the case :
* Identify the correct legal citation of the case
R v Mohamed [2010] NSWDC 322

* Provide the legislative provision under which the crime is set out or advise whether it is a common law offence * Sec 25 under the Drug Misuse and Trafficking Act (1985) * Sec 25A under the Drug Misuse and Trafficking Act (1985)

* Outline the elements of the offence pursuant to the legislation or the common law * Accused is supplying or is taking part in supplying prohibited drug eg. dealing * The drug that the accused is supplying is prohibited

* The accused is supplying prohibited drugs on 3 or more separate occasions during a period of 30 consecutive days for a financial or material reward

* Identify the plea
Ahmed Mohamed pleaded guilty to only a few of the offences in Local court.

* Explain the penalty given
* For the offence of conducting drug premises, the offender is sentenced to imprisonment for six months to begin from 11 November, 2009. * For the offences of supplying a prohibited drug (1-benzylpiperazine) and cannabis, the offender is sentenced to imprisonment for eighteen months to begin from 11 February 2010. * For the offence of ongoing supply of a prohibited drug, the offender is sentenced to imprisonment to begin from November 12 2012 and to expire on 10 November 2014, which is a non-parole period. * Altogether, the defendant was sentenced for an overall of 7 years imprisonment with a 5 year non-parole period.

* Identify and discuss the factors that the judge used in making the sentencing decision * A change in the behaviour of the defendant and a new lifestyle was considered. The defendant lost 18 kilos which may have contributed to his clearer thinking and remorse ever since going into custody. * Even though the defendant was on the road to recovery with rehabilitation, the judge took into consideration his criminal activity history as upon his first bail release, he re-offended a similar offence. * It was also taken into consideration that the defendants supply of drugs was a small quantity

* Identify and outline what investigation processes were involved * Most of the offences were committed by the defendant between 3rd June 2009 and 12 November 2009. * 3 June, 2009 - Police obtained a search warrant after suspecting suspicious activity and found one gram of cannabis in a plastic resealable bag in the offender’s pocket. Police also found two more bags containing 5.4 grams of cannabis. Not only was the use of drugs indicated during the search but also signs of drug supply business found in the house. One of the two mobile phones found in the house displayed 50 missed calls and a total of 448.2 grams of cannabis and 13 grams of a drug called 1-benzylpiperazine were found which both fall under S25 Drug Misuse and Trafficking Act (1985). A maximum penalty for the offence is 15 years imprisonment. * After being released from custody on bail, the offender then took part in supplying 6.8 grams of cannabis to an undercover officer on 15th October 2009. * Subsequently, the offender was caught again supplying cannabis on 22 October, 28 October and 12 November 2009. * On October 28, small amounts of a prohibited drug called methylamphetamine were supplied, which falls under S25A Drugs Misuse and Trafficking Act (1985) for which the maximum penalty is twenty years imprisonment.

* Identify the legal representation of the accused and whether it is legal aid or privately funded The legal representation of the accused was privately funded; he was represented by Macquarie Lawyers Burwood.

* Identify whether the trial involved a majority or unanimous verdict from the jury Not referred to in judgment

B. In respect of the criminal legal process in general and this case:

* Describe the factors that might have led to the criminal behaviour Crimes are committed for many reasons...
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