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District Court 1 March 2019

R v Khalil; R v Bilson

[2019] NSWDC 271

Drugs
SENTENCING SINGLE OFFENCE FORM 1 OFFENCES EARLY PLEA OF GUILTY SENTENCING TWO OFFENCES SUPPLY PROHIBITED DRUG

Citation: R v Khalil; R v Bilson [2019] NSWDC 271
Court: District Court of New South Wales
Date: 1 March 2019
Judge: M L Williams SC DCJ

Background

Between October and December 2017, police monitored a mobile phone used to coordinate a sustained methamphetamine supply operation. The first offender, Khalil (aged 29), ran the operation from his home in Belmore, personally supplying drugs or directing a co-offender, Angeloni, to act as a runner on his behalf. Over approximately 133 transactions, Khalil supplied a total of 560 grams of methamphetamine for $89,100, retaining around $30,000.

The second offender, Bilson (aged 55), was a regular customer of the operation. He purchased methamphetamine by the ounce on multiple occasions. Police arrested him in November 2017 after he collected 25 grams from Angeloni, and he was also implicated in a further supply of 210 grams.

Both offenders pleaded guilty and appeared for sentence together. It was accepted by both parties that full-time custodial sentences were required.

  • What sentence was appropriate for Khalil's supply of a large commercial quantity of methamphetamine (561 grams), taking into account Form 1 offences including money laundering and drug possession?
  • What aggregate sentence was appropriate for Bilson's two counts of supplying methamphetamine (210 grams and 25 grams)?
  • Whether special circumstances existed for either offender, justifying a reduction in the proportion of the sentence served before parole eligibility (under the Crimes (Sentencing Procedure) Act 1999).
  • How the offenders' respective subjective circumstances, including drug dependency, mental health, and early guilty pleas, should affect the sentences imposed.

Decision

Khalil pleaded guilty to supplying a large commercial quantity of methamphetamine under s 25(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum of life imprisonment and a standard non-parole period of 15 years. His subjective case included a diagnosis of schizophrenia, significant drug and gambling addiction, a history of mental health episodes, and family support. The court accepted that his drug dependency was a relevant mitigating factor, though his assessed medium risk of reoffending and unsatisfactory history of supervision were also noted. His early guilty plea attracted a 25 per cent discount.

Bilson faced two counts under s 25(1), which carries a maximum of 15 years with no standard non-parole period. The court considered that Bilson was a customer in the supply chain rather than an organiser. A finding of special circumstances was warranted, given that Bilson was assessed as being in partial remission from drug addiction and required extended supervision and drug treatment.

The court referenced Scott v R [2010] NSWCCA 103 and Ayache v R [2013] NSWCCA 41 as broadly indicating the relevant sentencing range, though the judge noted those cases were of limited assistance given the significantly different factual and subjective circumstances involved. The court observed that sentencing statistics were also of limited assistance in this matter.

Special circumstances were found for both offenders, which under the Crimes (Sentencing Procedure) Act 1999 permits the non-parole period to represent a lower proportion of the total sentence than the default ratio.

Orders Made

Khalil:
- Convicted of supplying a large commercial quantity of methamphetamine
- Sentence of 4 years and 3 months imprisonment, commencing 7 December 2017, expiring 6 March 2022
- Non-parole period of 2 years and 11 months, expiring 6 November 2020
- Special circumstances found
- Drug destruction order made
- Form 1 offences (money laundering, cannabis possession, methamphetamine possession) taken into account

Bilson:
- Convicted of each offence
- Aggregate sentence of 3 years imprisonment, commencing 18 December 2017, expiring 17 December 2020
- Non-parole period of 2 years, expiring 17 December 2019
- Indicative sentence for the 210-gram supply count: 2 years and 10 months; for the 25-gram supply count: 1 year and 10 months
- Special circumstances found
- Drug destruction order made

Key Takeaways

  • A 25 per cent discount applied to both offenders' sentences in recognition of their early guilty pleas, consistent with the Crimes (Sentencing Procedure) Act 1999.
  • Special circumstances were found for both offenders, based on drug dependency and the need for extended post-release supervision and treatment, reducing the proportional non-parole period below the statutory default.
  • Where comparative sentencing cases involve significantly different facts and subjective circumstances, the District Court treated them as offering only limited guidance rather than a precise range to apply.
  • Significant addiction-related mental health histories, including diagnoses of schizophrenia and drug-induced psychosis, were considered as part of the subjective case, though they did not displace the need for full-time custody given the scale and nature of the offending.
  • A sustained drug supply operation involving approximately 133 transactions and over 560 grams of methamphetamine was assessed as clearly requiring a custodial sentence, notwithstanding mitigating factors relating to the principal offender's personal circumstances.

Legislation and Cases Referenced

Legislation:
- Drug Misuse and Trafficking Act 1985 (NSW), ss 10, 25(1), 25(2)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 11, 12

Cases:
- Ayache v R [2013] NSWCCA 41
- Imbornone v R [2017] NSWCCA 144
- Parente v R [2017] NSWCCA 285
- R v SY [2003] NSWCCA 291
- Scott v R [2010] NSWCCA 103