Trafficking in a Drug of Dependence

Trafficking in a Drug of Dependence

KEY
CQ / Commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic) and Criminal Code Regulations 2002 (Cth))
LCQ / Large commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))
SQ / Small quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial quantity committed on or after 1 November 2017 (see 33.3.3.4.2 - State quantities - non-plants)’. Despite the changes in the applicable threshold quantities, meaningful comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the threshold multiplier (expressed as a multiplier/percentage of the commercial/large commercial quantity for the drug). This multiplier information is indicated in the summary.

Principal offence covered in this table:

-  Trafficking in a drug of dependence (maximum penalty: 15 years’ imprisonment)

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Lam [2016] VCC 273 / 17 March 2016 / Custodial / 96 months (8 years )
NPP – 66 months (5 years and 6 months) / Trafficking in a drug of dependence (8 years); and Possession of a drug of dependence (2 months). / G (early) / Offending - O main supplier and close associate of principal offender. O trafficked methylamphetamine over 11 months and was in possession of MDMA, cannabis, GHB and methylamphetamine. Average price of drug was approximately $8,000 per ounce. At times O was paid for drugs he supplied via TAB accounts, effectively laundering the payment. Over $74,000 was deposited through one TAB account alone. Significant impact on small rural community. Use of violence, standover tactics and availability of weapons. Deliberateness, planning, business-like indicators. O’s offending at higher end just below principal offender. Grave example of offence.
Offender – Prior drug convictions, drug use, involvement for personal use, supply for profit, high moral culpability, 51 y male, isolated time in gaol due to lack of family in Australia, parity, totality, guarded rehabilitation prospects.
Short [2016] VCC 512
(resentenced on appeal) / 29 April 2016 / Custodial / 82 months (6 years and 10 months)
NPP – 51 months (4 years and 3 months) / Trafficking in a drug of dependence (6 years and 6 months);
Dealing with property suspected of being proceeds of crime x 2 (9 months x 2); and
Possession of a prohibited weapon (3 months). / G (early) / Offending – O sourced methylamphetamine individually and with co-offender and then on-sold and distributed the drug over 19 months. Methylamphetamine sourced at average cost of $8,000 – $8,500 per ounce. Ledger seized during police search outlined drug-related transactions totalling $160,000. Sophisticated business. O also outsourced cutting of drugs and organised for money laundering. O made preparation for eventually being imprisoned. Giretti count. O played central role as principal at apex of enterprise. Deliberateness and premeditation. Offending promoted stealing and exchange of weapons for drugs. Use of violence to collect debts. Serious impact in small rural community. Prevalence of ice. Police also located trafficking items, taser and numerous items suspected of being proceeds of crime such as cameras, camera packs, chainsaw, cars, computers and evidence of $63,000 having been laundered through wagering accounts.
Offender – Convicted of drug offences during current offending period, continuation of drug trafficking whilst on bail and CCO, drug use, motive said to be addiction and largely greed, support of family and friends, 25 y female, history of bullying and self-harm, traumatised when discovered how mother died, symptoms of depression and PTSD related to sexual assault and car bombing, work history, courses completed in custody, cessation of drug taking and intention to remain drug free, remorse, totality, parity, probably good rehabilitation prospects. / Appeal against sentence allowed (manifest excess)
Appeal against certain convictions allowed (possession of drug of dependence and possession of general category handgun convictions set aside).
[2016] VSCA 210
7 September 2016
case summary
Quadara [2017] VCC 366 / 4 April 2017 / Custodial / 76 months (6 years 4 months) imprisonment
NPP – 48 months (4 years)
$550 fine / Trafficking in a drug of dependence (x5) (2 years x2; 18 months; 12 months; 6 months)
Possession of a traffickable quantity of unregistered firearms (2 years)
Possession of a tablet press (2 years)
Handling stolen goods (x2) (18 months; 6 months)
Dealing with property suspected of being proceeds of crime (x2) (9 months; 6 months)
Possessing a prohibited weapon (6 months)
Possession of cartridge ammunition ($250 fine)
Possess a drug of dependence ($200 fine)
Possessing ammunition while unlicensed ($100 fine) / G / Offending – On one occasion, police searched O’s house and discovered:
·  11 plastic bags with 294.4g of methylamphetamine,
·  two bags containing 0.8 g of cocaine with approximately 21% purity and 4.3 g of cocaine with approximately 22% purity respectively,
·  A plastic bag with 0.2 grams of methylamphetamine
·  8.4 grams of cannabis
·  $13,590 cash
·  two digital scales
·  One shotgun ammunition cartridge
·  A Taser
·  Two receipts for two cash deposits of O’s vehicle, which totalled $15,195 and $1,200 respectively
In total police found 253g of methylamphetamine at 82-83% purity (0.51 x CQ) and 5.1g of cocaine (mixed) (0.01 x CQ). The total amount of property suspected of being proceeds of crime was $31,005, comprising $1,020 located on O, with $13,590 in the house and the two receipts for $16,395.
On a second occasion five months later, while O was on bail, police searched O’s girlfriend’s storage facility and found:
·  six firearms of which four were operational
·  a semi-automatic .22 calibre firearm and a .325 calibre rifle, which had been stolen in separate burglaries
·  68.1g of MDMA (0.68 x CQ)
·  3.5kg Xanax (Alprazolam)
·  54.9g methamphetamine (0.55 x CQ)
·  $26,600 in cash
·  A mains-powered pill press
·  Firearms ammunition
Offender – no prior convictions, motivated by financial need, 26 y male, on bail at time of offending, drug use, Depressive Disorder, unstable childhood, family support, character references / Application for leave to appeal against sentence refused
[2017] VSCA 260

20 September 2017

Van Nguyen [2016] VCC 197 / 29 February 2016 / Custodial / 64 months (5 years and 4 months)
NPP – 42 months (3 years and 6 months) / Trafficking in a drug of dependence x 4 (4 years; 3 years x 2; 2 years); and
Possession of equipment for trafficking in a drug of dependence (9 months). / G (early) /

Offending – Police executed search warrant at O’s premises and located a number of men in a bungalow using drugs. 157 g of heroin, 16.4 g of methylamphetamine and tablet press were also located. O rented rooms to associates in which they could use drugs. 5 months later another search warrant was executed at O’s premises and police located O and 4 other people, 125.2 g of heroin (0.25 x CQ), 55 g of methylamphetamine (0.11 x CQ), drug trafficking paraphernalia and $30,000 in cash. Premises were monitored by elaborate CCTV system that showed high volume of people attending premises and staying for short periods of time. Commercial operation.

Offender – Prior drug convictions, on CCO, on bail during execution of second search warrant, drug use, 47 y male, support of wife, sole income earner for family, difficult remand due to lockdown conditions and infrequent family visits, remorse, co-operation, admissions of other conduct, totality, bleak rehabilitation prospects. /
Sun [2016] VCC 1952 / 2 Dec 2016 / Custodial / 58 months (4 years and 10 months)
NPP – 28 months (2 years and 4 months) / Trafficking in a drug of dependence (3 years and 6 months);
Prohibited person in possession of a firearm (2 years);
Negligently dealing with proceeds of crime (12 months);
Possession of a drug of dependence (3 months); and
Possession of a controlled weapon, or prohibited weapon (3 months). / G / Offending - All offending occurred on single day. O discovered asleep in hotel room which O and three others had checked into the previous day. Drugs and firearms in the room. Search revealed 204.7 g of methylamphetamine (176 g pure – 1.76 x CQ; 0.23 x LCQ), a semi-automatic pistol, tablets of Alprazolam, bag with $2,700, mobile phones, computers and keys. Not proven O aware there was a real or substantial risk amount of methylamphetamine exceeded commercial quantity.
Offender – Prior drug convictions, 28 y male, support of family, wasted last nine years partying on drugs, previous non-compliance with community-based orders, recently discovered fathered a child who is 6 m old and wishes to be part of her life.
Beattie [2016] VCC 1871 / 2 Dec 2016 / Custodial / 48 months (4 years)
NPP – 30 months (3 years and 6 months)
$250 fine / Trafficking in a drug of dependence (3 years);
Extortion (3 years);
Intentionally causing injury (12 months);
Prohibited person possessing a firearm (6 months); and
Possession of a drug of dependence ($250 fine). / G (early) / Offending – V purchased drugs on credit from O and became indebted to the value of $800. O and co-offender drove to V’s house to collect the debt. O produced a small revolver, demanded money, put ammunition into the gun (confirming V’s belief it was real), threatened V by pointing the gun at him and pulling the trigger (at one stage holding the gun near V’s head, and then moving it to his knee and pulling the trigger – O taped this part of his conduct on his phone, and V is shown crying at this stage). O’s co-offender ran a box-cutter up and down V’s leg and down his face. O’s co-offender punched V to face and ribs, knocking V of chair on three occasions. O intervened and told co-offender V had had enough. V pleaded to be allowed to contact mother to obtain money, and after did so mother delivered $600 to prearranged spot. V then fled with mother. When police searched O’s premises, they located 43.87 g of methylamphetamine, 3.8 g of cannabis (SQ), $10,500 in cash, 7 rounds of ammunition and 2 mobile phones. Tools suspected of being proceeds of crime were found in O’s shed. Profound impact on victim.
Offender – Prior drug convictions (no violence convictions), 25 y male, IQ of 67, alcohol, cannabis and methylamphetamine abuse, suffered large number of family bereavements in recent years, including attending hospital while in custody and having to take responsibility for turning off mother’s life support systems, chaos in personal life, two young daughters, Koori court, guarded prospects for rehabilitation that would be greatly enhanced if ceased using drugs.
Collins [2016] VCC 234
Offender 2 / 3 March 2016 / Custodial / 48 months (4 years)
NPP – 17 months (1 year and 5 months) / Trafficking in a drug of dependence x 2 (4 years; 6 months); and
Breach of family violence intervention order (1 month). / G / Offending – O1 and her son (O2) were street vendors of heroin over 5 months. Heroin obtained from Sydney by co-offender and on-sold to O1 and O2 by another co-offender. Approximately 1,414 g (1.41 x LCQ) purchased from co-offender (purchase price of $180,000). O2 directly involved with 686 g (1.37 x CQ, 0.69 x LCQ) representing a purchase price of $90,000. Difficult to ascertain the amounts that were on-sold by O1 and O2. Drugs purchased for Os’ own purposes and to be sold. O2 also trafficked alprazolam. O2 breached family violence protection order as protected person present when O2 arrested.
Offender 2 – Prior drug convictions, 41 y male, desire to care for his 2 young children, parity.
Offender 1
Peterson & Dislakis [2016] VCC 1092
Offender 1 / 28 July 2016 / Custodial / 48 months (4 years)
NPP – 33 months (2 years and 9 months) / Trafficking in a drug of dependence (4 years); and Possession of a prescribed precursor chemical (6 months). / G (early) / Offending – Os and others were involved in joint criminal enterprise that manufactured and trafficked methylamphetamine. O1 was the cook, manufacturing methylamphetamine in clandestine laboratory. O2 was actively and regularly involved in selling methylamphetamine, collecting and depositing proceeds of drug sales and brokering arrangements for purchasing pseudoephedrine. Crucial roles. Mixture located in lab that weighed 123.9 g and contained approximately 42.33 g of methylamphetamine (0.42 x CQ). Significant amount of methylamphetamine. Enterprise was designed to be ongoing, not just limited to already-made methylamphetamine. Ongoing offending over four weeks that was ended by police intervention. Relatively serious example of trafficking. Lab also contained 84.8 g of pseudoephedrine.
Offender 1 - Prior drug convictions, past breaches of court orders, 43 y male, motive said to be financial reward and drug use, work history, past court orders contained offending behaviour and drug and alcohol treatment conditions, undeterred by previous experience in custody, completion of courses in custody, some remorse, fair rehabilitation prospects.
Nguyen [2017] VCC 10 / 25 January 2017 / Custodial / 47 months’ (3 years and 11 months) imprisonment
NPP – 35 months (2 years and 11 months) / Trafficking in a drug of dependence x 2 (3 years; 2 years and 4 months);
Possession of proceeds of crime (6 months);
Possession of a prohibited weapon (4 months); and
Possession of a controlled weapon (3 months) / G / Offending - O and her co-offender were selling drugs from O’s premises for at least three months. O was involved in preparing the street-level drugs from larger purer amounts. Police searched her house and found 303g of heroin (0.61 x CQ) prepared in bags for street sales, and 44.9 g of methylamphetamine (CQ x 0.09). Police also found a stun-gun, a baton, a knife and $23,000 which were the proceeds of crime.