Crime/Family/Human rights Assessment task 27/30

Resource Description

We were given this task where we had to choose 3 recent case studies and write a report about each case. I received a mark of 27/30, band 6.

Abstract from the Assessment 

A pair of Sydney women, both 23 have been charged with importing a commercial quantity of methamphetamine after a package containing 5.7 kilograms with an estimated street value of $2.7 million from the U.S was intercepted and examined by Australian boarder force agents on May 6th . The illicit drugs were found to be hidden in food ration packages.

The accused pair, Israh Chahine and counterpart Alexandra Karanfilovska had their Arncliffe homes raided by police on May 13th under the search and seizure police power after a warrant was granted by the local court due to the reasonable grounds and evidence found to search the pairs homes. Their crime falls within breach of the drug misuse and trafficking act 1985 along with the customs act 1901 due to the international element of the crime. The pairs crime was discovered as the evidence act 1995 was used by police to phone tap, gaining evidence, which presented authorities with a conversation between the pair discussing the shipment while comparing the amount of money earnt for carrying out the task. Both Israh and Alexandra were arrested at their homes under the law enforcement act 2002 and were taken to Kogarah police station for further questioning, for a maximum of 4 hours unless an extension is granted by a magistrate or a charge Is handed down. However, the pair have claimed through a solicitor, that they were unaware of what was being shipped, rather they were simply carrying out the task for co-accused Adam Ayshan and Mohomad Hawchar. The prosecutions ability to gain and provide evidence to the crown allowed for actus reus to be proven beyond reasonable doubt. However, men’s rea was to be difficult to prove beyond the burden of proof as the pair was not aware of what the shipment contained and saw the opportunity to make easy money, this identifies as a mitigating factor. Their matter was initially heard in a local court where the pairs charges were laid. Following a bail hearing, bail was granted in the form of surety, Israh’s family offered their home while 3 people contributed $19,000 on Alexandra’s behalf. They are only permitted to leave the confinements of their own home if accompanied by a court approved chaperone and are expected to wear ankle monitors in order for authorities to keep track of their whereabouts. Both have been provided a court attendance notice for the 14th of July 2020. It is up to the district court to sentence the pair and based on precedent the charges laid upon them carries a heavy sentence of up to 25 years imprisonment. These women should be handed down a harsh sentence as a deterrence for any other traffickers and to lessen the consideration of defences as such: mitigating circumstances or the accused’s state of mind as it will inflict a sense of fear and potentially lower the number of drug related crimes.]

There are many aspects of the law, in relation to drug related crimes in need of reform. 16% of the Australian population have been under the influence of illicit drugs in the past 12 months, the highest users being youth aged between 14-19. The lack of severity in relation to the consequences is taken lightly by many people. By introducing harsher penalties in the aspect of this crime will dramatically decrease the number of consumers, suppliers and traffickers of these detrimental substances. Although there are many social support groups and rehabilitation clinics available, the number of users continues to skyrocket. Australia in particular is in desperate need of law reform in this sector of crime as the number of drug related offences increases on average 0.7% per year.