R v Eneliko [2020] NSWDC 588

District Court New South Wales

Medium Neutral Citation: R v Eneliko [2020] NSWDC 588 Hearing dates: 23 July 2020; 6 October 2020 Date of orders: 6 October 2020 Decision date: 06 October 2020 Jurisdiction: Criminal Before: ADAMS QC ADCJ Decision: Full time imprisonment Catchwords: CRIME - supply prohibited drug namely methylamphetamine in an amount not less than the large commercial quantity Legislation Cited: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown) Christopher John Eneliko (Offender) Representation: Counsel: I Lloyd QC

Solicitors: M Vassall, Solicitor Advocate (Crown) S Chamas (Offender) File Number(s): 2019/00138056 Publication restriction: None

Judgment

Introduction 1. Christopher Eneliko pleaded guilty in the Local Court to the charge of supplying on 2 May 2019 a prohibited drug namely methylamphetamine in an amount not less than the large commercial quantity, namely 60 kg, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The applicable sentence is a maximum of life imprisonment and/or 5000 penalty units. It carries a standard non-parole period of 15 years. He was arrested for this offence on 2 May 2019 and has been in custody since that date, from which his sentence will commence. Given the timing of his plea, he is entitled to a discount of 25% in respect of the sentence that is to be imposed.

Facts 1. These are taken from the agreed facts. During the course of a police investigation, an undercover police officer contacted the offender by telephone offering to sell a large quantity of methylamphetamine and to arrange a meeting at which the offender would collect it. The offender said "he was told to take the call and go to a meeting" and "he was not sure if he was the money man or the amount involved". On 1 May 2019 the offender told the UCO that he would attend the meeting and give the UCO a code. If the UCO had the same code, the offender would collect the product from him. The offender told the UCO "that is all he knew and he was only to collect the product". The UCO mentioned an amount of USD450,000. 2. On 2 May the offender exchanged codes with the UCO who told him the location at Milperra where the vehicle was parked which contained the product. In fact, police had provided substitute material. There was no methylamphetamine. The offender travelled to Milperra, collected the van containing the boxed substitute and drove to Condell Park where he met an accomplice, Jason Tran. They transferred the boxes into another van. Tran drove it to an apartment building in Rhodes. The offender took the van he had driven back to Milperra and then went by taxi to Rhodes where he assisted Tran move the boxes of substitute into the apartment. It appears he was in possession of a set of keys to the apartment. 3. Later on, in the evening of 2 May 2019, the offender was arrested in the vicinity of the apartment building. When police searched the apartment, they found in addition to the boxes, various indicia of supply, including scales, Blackberry phones, freezer bags, a money counter and safes. Neither the DNA nor the fingerprints of the offender was found on any of these items. Aside from the keys and the fact that offender had assisted Tran to move the boxes into the apartment, there was no evidence linking him to it. It was apparent that it was not used as a residence. The offender declined to comment on any alleged offending when interviewed.