R v Drever; R v Reilly [2022] NSWDC 563

District Court New South Wales

Medium Neutral Citation: R v Drever; R v Reilly [2022] NSWDC 563 Hearing dates: Tuesday 24 - Wednesday 25 May 2022 Date of orders: Monday 30 May 2022 Decision date: 30 May 2022 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) Each of the offenders are convicted. (2) For Mr Reilly: He is sentenced to a non-parole period of 4 years with parole thereafter of 2 years and 9 months giving rise to an overall term of imprisonment of 6 years and 9 months. (3) Form 1 offences taken into account. (4) For Mr Drever: He is sentenced to a non-parole period of 6 years with parole thereafter of 3 years and 9 months giving rise to an overall term of imprisonment of 9 years and 9 months. (5) Form 1 offences taken into account. (6) Orders made in terms of short minutes of order for each offender: (a) For the offender Reilly, that the sum of $1,110 be forfeited to the State. (b) For the offender Drever, that the sum of $3,340 be forfeited to the State. Catchwords: CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity — Maximum penalty of life imprisonment — methylamphetamine oil — One substantive offence for each offender — Six Form 1 offences for one offender — Two Form 1 offences for other offender — Excessive charges and delays created by the Early Appropriate Guilty Plea Scheme — Offending behaviour discovered during police strike force operation — Manufacture of drugs occurred on remote rural property — One offender had larger role and was the cook and had chemical engineering qualifications — Other offender had lesser role but was not a mere labourer — Non-exculpatory duress not accepted — Both offenders have good prospects of rehabilitation — Both offenders have prior criminal history. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW): s 32; Crimes Act 1900 (NSW): ss 192K, 193C(2); Criminal Procedure Act 1986 (NSW): s 166; Drug Misuse and Trafficking Act 1985 (NSW): s 24(2); Firearms Act 1996 (NSW): ss 7, 7A(2), 36(1), 39(1)(a). Cases Cited: R v Mok, Hin Lok [2017] NSWDC 314 Category: Sentence Parties: Regina (The Crown) Kevin Reilly (The Offender) Luke Drever (The Offender) Representation: Counsel: Mr. P. Kerr (The Crown) Mr. S. De Brennan (The Offender; Drever)