Commonwealth Director of Public Prosecutions

WA man gaoled for drug possession in detention centre

Date of Publication: 
8 April 2016

Iranian national, 39-year-old Mahomooh Rajabizadeh was today sentenced to a total effective sentence of 9 years and 6 months imprisonment with a non-parole period of 7 years for possessing a marketable quantity of illicit drugs—heroin and methamphetamine. Rajabizadeh was found guilty to three drug-related offences after a five-day trial between 5 – 9 October 2015.

At the time of the offences, Rajabizadeh was being held at the Yongah Hills Immigration Detention Centre, situated at Northam, Western Australia.

A parcel addressed to Rajabizadeh was received at the centre and processed by contractors working at the site. The parcel was subject to x-ray screening and an anomaly was detected in one of the items. In accordance parcel inspection instructions when anomalies are detected, the parcel must be opened by the recipient in the presence of contractors where further examination can take place.

The next day Rajabizadeh  attended the Property Processing area to collect his parcel. He was asked to open the parcel and he complied—the contractor then removed the contents of the parcel. The package contained, among other items, 5 packets of cigarettes. The contractor noticed that one of the cigarette packets appeared heavier than the others. Upon further examination on all items, a brown powder substance in a clear clip seal bag was found beneath the cigarette filters, as well as a clear crystalline substance in another packet.

The Australian Federal Police were then called and seized the consignment. In total police found 52.3 grams of heroin and 193.8 grams of methamphetamine. Police also searched Rajabizadeh’s room and locker and located drug paraphernalia consisting of silver foil paper, a lighter, a metal straw tube and a syringe. All these items are consistent with illicit drug use.

Rajabizadeh acknowledged  that he was expecting a parcel from his brother, though denied the parcel was his, nor the illicit drugs.

CDPP Deputy Director, David Adsett said, ‘Possessing illicit drugs is a serious crime. Agencies are increasingly intercepting this postal method of distribution and ‘drug parcel recipients’ can expect lengthy terms of imprisonment.’

The amount of pure methamphetamine he attempted to possess was 151.7 grams.

CDPP Media Contact: communications@cdpp.gov.au or 02 6206 5708

Charges:

Mahomooh Rajabizadeh was found guilty, following a trial by jury of:

  • One count of attempt to possess a marketable quantity of border controlled drug, Methamphetamine, reasonably suspected of having been unlawfully imported, contrary to sections 307.9(1) and 11.1(1) Criminal Code (Cth)
  • One count of attempt to possess a marketable quantity of border controlled drug, Heroin, reasonably suspected of having been unlawfully imported, contrary to sections 307.9(1) and 11.1(1) Criminal Code (Cth)
  • One count of to possess a controlled drug, Methamphetamine, contrary to subsection 308.1(1) Criminal Code (Cth).

The maximum penalty for an offence against section 307.9(1) of the Criminal Code (Cth) is imprisonment for 25 years or 5,000 penalty units ($850,000) or both.

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