Many judgments of the court are exceedingly tedious. But not [2009] ACTSC 74, which while dated 23 June has only just gone online.
Amir Miguel Asgari of Kambah has plead guilty to charges including “trafficking in MDMA and possession of cocaine, MDMA, methylamphetamine, cannabis and cannabis resin”. And yet in his first paragraph Justice Refshauge notes:
- He has been on bail for some time. Neither counsel could tell me exactly how long, but on the court records it appears to have been since 27 August 2007.
On bail so long that no-one can remember? So long that the standard for bail conditions has changed in the meantime? Having plead guilty?
It does, however, get better, considering Amir’s bail conditions did require him to stay home between midnight and 6am:
- He comes before me having breached those bail conditions. The breach was detected when he was stopped in a motor vehicle he was driving at 1.50 am this morning on Drakeford Drive, Isabella Plains, about three or four suburbs away from where he was to reside at Kambah. He was subject to breath analysis and the analysis showed him to have a breath alcohol content of 0.122%, a level three reading which would render him liable to a maximum penalty of nine months imprisonment or 15 penalty units.
He has appeared in the Magistrates Court for this offence and has been bailed without conditions to appear in that court again on 14 July 2009. That is perhaps a little surprising since he has already accumulated two prior drink driving offences, an offence of driving in a manner dangerous and driving whilst disqualified.
It appears that he had only had his licence returned, after the last 12 months disqualification, on or about 9 March 2009, less than four months ago. Nevertheless, that is a matter for the Magistrates Court and I do not wish to say any more about it.
There’s plenty more gold to be found there. Amir’s sentencing hearing is scheduled to take place in a couple of days on 9 July.
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