R v Chu [2021] NSWDC 328

District Court New South Wales

Medium Neutral Citation: R v Chu [2021] NSWDC 328 Hearing dates: 7 May 2021 Decision date: 21 May 2021 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Sentenced to a term of 9 years imprisonment with a non-parole period of 6 years Catchwords: CRIME — Drug offences — Supply prohibited drug – Possess prohibited drug Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), (2) Criminal Procedure Act 1986 (NSW) s 166 Poisons and Therapeutic Goods Act 1966 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 3A Category: Sentence Parties: Director of Public Prosecutions (Crown) Quoc Toan Chu (Offender) Representation: Counsel: Ms Sawagid (Crown) Mr Dhanji SC (Offender) File Number(s): 2020/113017 Publication restriction: Nil

SENTENCE

Introduction 1. The offender, Mr Chu, stands to be sentenced having pleaded guilty to the following offences; that on 15 April 2020 in Yagoona he supplied an amount of prohibited drug, namely 3,322.50 grams of cocaine being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of life imprisonment and/or a fine equivalent to 5,000 penalty units and there is an applicable standard non-parole period of 15 years. That charge was sequence 9 of the charge sequences. 2. The second offence is that on 15 April 2020 in Yagoona he supplied a prohibited drug, namely 19.16 grams of 3,4-methylenedioxy-methylmphetamine. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act and has a maximum penalty of 15 years' imprisonment and/or a fine of $200,000 and there is no applicable standard non-parole period. That charge is sequence 15. 3. The third charge is that on 15 April 2020 in Yagoona he supplied an amount of prohibited drug namely 7,418.36 grams of methylamphetamine being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That too is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of life imprisonment and/or a fine equivalent to 5,000 penalty units and there is an applicable standard non-parole period of 15 years and that charge is sequence 22. 4. The fourth charge is that on 15 April 2020 in Yagoona the offender supplied an amount of a prohibited drug namely 2,047 grams of gamma butyrolactone, being an amount which was not less than the commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of 20 years imprisonment and/or a fine equivalent to 4,200 penalty units and there is an applicable standard non-parole period of ten years.