WA’s highest court has rejected a young Muslim man’s argument that he deserved a reduced sentence on drug charges because his cultural background made him vulnerable to drug dealers in WA’s “excessive” Western lifestyle.
Bilal “Bobby” Vagh, 22, claimed his strict Muslim upbringing made him naive and he got involved in drugs only after he came “under the thrall” of a charismatic young WA drug dealer who befriended him.
But the Court of Appeal upheld the six-year jail term given to Vagh for dealing speed, LSD and ecstasy, backing District Court Judge Shauna Deane’s finding that he made an informed decision to deal drugs and was responsible for his actions.
Vagh came to WA from South Africa with his family as a baby and had a strict Muslim upbringing with curfews, many rules and a complete ban on drugs and alcohol. His father lectured in Islamic studies.
He completed Year 12 and was studying at university when he met and became engaged to a Malaysian Muslim woman despite his parents’ wishes. He became estranged from his family and the South African Muslim community. He left home when he was 21.
Vagh struck up a friendship with a young businessman and drug dealer described as manipulative, popular, charismatic and self-confident. Vagh did odd jobs for the man and then started selling drugs for him.
Vagh was unwittingly caught in a police surveillance operation soon after he started dealing drugs and pleaded guilty to possession of LSD and methylamphetamine with intent to sell or supply, selling ecstasy and possession of cannabis.
At sentencing, Judge Deane accepted that Vagh’s upbringing left him somewhat ill-equipped to cope with the world’s pitfalls but he knew what he was doing was illegal. “You have had the advantage of an upbringing which no doubt clearly taught you right from wrong but you rejected that in favour of what you seem to have believed was a somewhat exciting and thrilling lifestyle,” she said.
Vagh appealed against the severity of his sentence, arguing Judge Deane failed to give adequate weight to his ethnic background, which had made him “naive and vulnerable to exploitation by experienced drug dealers”.
He submitted factors including that he came from a closed, strict Muslim family, a non-drug, non-alcoholic background and ended up in an excessive Western lifestyle.
Court of Appeal Justices Len Roberts-Smith, Carmel McLure and Christopher Pullin unanimously dismissed the appeal last month.
posted
He should consider himself lucky that he had an upbringing that gave him an alternative way of life, to use religion and ethnicity as an excuse for his bad choices really annoys me. Does that mean if you grow up in a western non muslim family you should get a worse sentance because you should have known better??? why dont we feel sorry for those people whose parents WERE doing drugs and they didnt have the benefit of having an alternative way of life...this kind of behaviour breeds resentment silly man. muslims and non muslims are all responsible for their own behaviour and seeing as Islam extends accross nationality, race, culture then he should know better than to use it as an excuse...in my opinion.
Posts: 1017 | From: uk | Registered: Mar 2006
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what a load of crap, you chose to do drugs and that's it. it isn't as if he couldn't get drugs in his own country, jees, the nerve of some people!! Posts: 13440 | Registered: Feb 2006
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“You have had the advantage of an upbringing which no doubt clearly taught you right from wrong but you rejected that in favour of what you seem to have believed was a somewhat exciting and thrilling lifestyle,” she said.
idiot should have known better.
-------------------- If you don't learn from your mistakes, there's no sense making them. Posts: 15090 | From: http://www.egyptalk.com/forum/ | Registered: Jul 2004
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totally agreed...like I said Islam is (in my opinion) the best religion with some of the worst believers...then again everyone makes mistakes, but to use your religion to get out of hot water? that's a low Posts: 13440 | Registered: Feb 2006
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