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District Court 23 February 2018

R v Lee

[2018] NSWDC 84

DrugsFraud & dishonesty
CRIMINAL LAW SENTENCE FORM 1 ONGOING DRUG SUPPLY SUPPLY PROHIBITED DRUGS DEAL WITH THE PROCEEDS OF CRIME

Citation: R v Lee [2018] NSWDC 84
Court: District Court of New South Wales
Date: 23 February 2018
Judge(s): Berman SC DCJ

Background

The offender, a man who had migrated from South Korea to Australia as a young child, had shown early academic promise before developing a serious addiction to methamphetamine. His drug use caused significant personal deterioration and strained his family relationships over many years. Despite five separate detoxification programs and a Naltrexone implant arranged by his parents, none of those interventions had produced lasting change.

Police identified the offender as a drug supplier in the Redfern area through an operation involving a registered source. Over six separate transactions, the offender supplied the registered source with quantities of methylamphetamine and heroin ranging from $700 to $4,000 in value. These transactions went well above typical street-level supply.

At the time of these offences, the offender was already subject to a section 9 bond (a good behaviour bond, rather than a period of imprisonment) imposed for a prior drug supply offence. He pleaded guilty in the Local Court to ongoing drug supply and asked the District Court to take into account three additional matters on a Form 1: supplying 4.31 grams of heroin, possessing 1.72 grams of methylamphetamine, and dealing with the proceeds of crime.

  • What sentence was appropriate for the principal offence of ongoing drug supply, taking into account the Form 1 matters?
  • How should the court treat the breach of the existing section 9 bond?
  • Whether special circumstances existed justifying an extended parole period relative to the non-parole period.
  • What discount applied to reflect the utilitarian value of the early guilty plea?

Decision

Berman SC DCJ assessed the objective gravity of the ongoing drug supply offence as at least mid-range. The supplies were not street-level transactions; the offender had told the registered source he had ready access to significant quantities of drugs. While the court noted that the drugs sold to the registered source did not ultimately reach end users, it observed the offender had no way of knowing that at the time.

The offender's criminal history was an aggravating feature, particularly his commission of these offences while on a section 9 bond for a prior drug supply matter. That bond had been imposed only a short time before the relevant conduct began. His Honour dealt with the bond breach by imposing a fixed six-month term of imprisonment running from 14 February 2017, the date of arrest.

The court recognised the offender's prospects of rehabilitation, noting a marked and observable improvement in his physical and mental health since entering custody. His parents' consistent support and their plan to reintegrate him into employment were noted as positive factors. Those circumstances, combined with the difficulties of his rehabilitation journey, were found to constitute special circumstances warranting a longer parole period relative to the non-parole period.

The early guilty plea in the Local Court attracted a discount of approximately 25% on the sentence that would otherwise have been imposed.

Orders Made

  • Six months' imprisonment for the prior drug supply offence (the subject of the section 9 bond), commencing 14 February 2017.
  • For the ongoing drug supply offence (taking into account the Form 1 matters): non-parole period of two years and a head sentence of four years, commencing 14 April 2017.
  • Eligibility for release to parole on 13 April 2019.
  • Confiscation order made by consent.
  • Charges at sequences 1, 2, 4, and 6 withdrawn and dismissed.

Key Takeaways

  • Ongoing drug supply offences that involve multiple transactions at above street-level quantities will be assessed as at least mid-range in objective gravity, even where the drugs did not ultimately reach end users.
  • Committing offences while on an existing good behaviour bond for the same type of offending is a significant aggravating factor, and the breach will be dealt with by way of a separate custodial term.
  • A guilty plea entered at the Local Court level attracted a 25% discount to reflect its utilitarian value to the criminal justice system.
  • Special circumstances, justifying a parole period extending beyond the standard proportion, can be established where an offender faces a particularly difficult rehabilitation path, supported by evidence of genuine change and a concrete post-release plan.
  • The District Court observed, with some emphasis, the direct connection between drug supply and the personal harm suffered by users, including the offender himself, treating this as an illustration of the broader social harm the law against drug supply is designed to address.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 9 (good behaviour bond)
- Drug Misuse and Trafficking Act 1985 (NSW), s 25A (ongoing drug supply)

Cases:
No cases were cited in the judgment.