District Court New South Wales Medium Neutral Citation: R v Matu; R v Assam; R v Abdul; R v Purdie [2017] NSWDC 454 Hearing dates: 4 September 2017 Decision date: 17 November 2017 Jurisdiction: Criminal Before: King SC DCJ Decision: PURDIE: Indicative sentences SEQ 2: 3 years' imprisonment SEQ 3: 3 years' and 6 months imprisonment Aggregate sentence Convicted. Special circumstances found – !st time in custody,age, need for assistance in re drug rehabilitation in the community Sentenced to a term of imprisonment for 4 years and 6 months comprising of a 3 year NPP to commence on 4/9/17 and to expire on 3/9/20, and a balance of term of 1 year and 6 months to commence on 4/9/20 and to expire on 3/3/22. Eligible for release to parole on 3/9/20. I make the consent forfeiture orders sought in the SMO d 17/11/17 and filed in court. MATU: Indicative sentences: Count 1: Imprisonment for 6 years with NPP of 4 years Count 2: Imprisonment for 3 years and 6 months Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, age, mental health issues need for assistance in re drug rehabilitation. Sentenced to a term of imprisonment for 7 years comprising of a NPP of 4 years and 6 months to commence on 26/5/16 and to expire on 25/11/20 and a balance of term of 2 years and 6 months to commence on 26/11/20 and to expire on 25/5/23. SEQ 001-005: Backup charges, withdrawn and dismissed. ASSAM: Indicative sentences: Seq 1: Imprisonment for 5 years with 3 year NPP Seq 3: Imprisonment for 4 years with NPP of 2 years 6 months Seq 4: Imprisonment for 2 years Seq 5: (+F1 Seq 10) Imprisonment for 8 years with 5 years 6 months NPP Seq 9: Imprisonment for 3 years 6 months with 2 years NPP Seq 11: Imprisonment for 3 years Seq 12: Imprisonment for 4 years 6 months Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, need for assistance in re drug rehabilitation in the community. Form 1 matter (SEQ 010) taken into account on sentence imposed. Sentenced to a term of imprisonment for 11 years comprising of a NPP of 8 years to commence on 25/5/16 and to expire on 24/5/24 and a balance of term of 3 years to commence on 25/5/24 and to expire on 24/5/27. Eligible for release to parole on 24/5/24. I make the orders ought in the SMO d 17/11/17 and filed in court. ABDUL: Indicative sentences: 013: Imprisonment for 30 months 015: (+F1 SEQ 22) Imprisonment for 10 years 6 months with NPP of 7 years 6 months 017: Imprisonment for 5 years with 3 year NPP 021: Imprisonment for 6 years with a 4 year NPP 023: Imprisonment for 5 years Aggregate sentence: Convicted. Special circumstances found – 1st time in custody, age, need for assistance with drug rehabilitation in the community. Form 1 taken into account on sentence imposed. Sentenced to a term of imprisonment for 12 years and 6 months with a NPP of 9 years to commence on 25/5/16 and to expire on 24/5/25, and a balance of term of 3 years and 6 months to commence on 25/5/25 and to expire on 24/11/28. Catchwords: CRIMINAL – sentence – 4 co-offenders charged with different offences - supply more than an indictable quantity of prohibited drug (cocaine) – knowingly deal with proceeds of crime - supply commercial quantity of prohibited drug (MDMA) – supply indictable quantity of prohibited drug (cocaine) - supply large commercial quantity of prohibited drug (MDMA) - supply commercial quantity of prohibited drug (MDA) – use of undercover operative by police - roles – parity – subjective matters Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 Pearce v R (1998) 194 CLR 610 R v Yaghi [2002] NSWCCA 396 Category: Sentence Parties: Regina Lecx Purdie Lopeti Joshua Matu Lyle Assam Azhar Abdul Representation: Counsel: Purdie: Mr G Beveridge Matu: Mr R Jankowski Assam: Mr I Lloyd QC Abdul: Mr I Lloyd QC Solicitors: Crown: Ms H Cantor Assam: Ms J Nguyen Abdul: Mr M Ricci File Number(s): 2016/00161072 - R v Lopeti Joshua Matu,2016/00161105 - R v Lyle Assam,2016/00161119 - R v Azhar Abdul,2016/00375848 - R v Lecx Purdie Judgment 1. HIS HONOUR: Lecx Purdie, Lopeti Matu, Lyle Assam and Azhar Abdul appear for sentence, each in respect of a number of offences. 2. Lecx Purdie appears for sentence in respect of an offence of supply more than an indictable quantity of a prohibited drug, being 87.32 grams of a substance represented to be cocaine, contrary to s25(1) of the Drug Misuse and Trafficking Act. The maximum penalty provided is 15 years' imprisonment and/or 2000 penalty units. 3. He is further to be sentenced in respect of an offence of knowingly deal with the proceeds of crime, being $39,450 contrary to s193B(2) of the Crimes Act. The maximum penalty is 15 years' imprisonment and there is no standard non-parole period in respect of either of those offences. 4. Lopeti Matu appears for sentence in respect of two offences of supply. The first is supply a commercial quantity of a prohibited drug, being 2.417 kilograms of 3,4-Methylenedioxymethylamphetamine (MDMA) contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty provided is life imprisonment and/or 5,000 penalty units and there is a standard non-parole period of 15 years. 5. The second offence is supply more than an indictable quantity of a prohibited drug, being 115.32 grams of cocaine contrary to s.25(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 15 years' imprisonment and/or 2000 penalty units. There is no standard non-parole period. 6. Lyle Assam appears for sentence in respect of seven offences, and in respect of one of those offences there is an additional offence contained on a Form 1 to be taken into account. 7. The first offence is supply a large commercial quantity of a prohibited drug, being 1.3 kilograms of MDMA contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is life imprisonment and/or 5,000 penalty units. There is a standard non-parole period of 15 years. 8. The second offence is supply a commercial quantity of a prohibited drug being 221.1 grams of 3,4-Methylenedioxyamphetamine (MDA) contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is 25 years' imprisonment or 3,500 penalty units. There is a standard non-parole period of 10 years. 9. The third offence is supply an indictable quantity of a prohibited drug being 27.4 grams of amphetamine contrary to s.25(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 15 years' imprisonment and/or 2000 penalty units. There is no standard non-parole period. 10. The fourth offence is supply a large commercial quantity of a prohibited drug being 2.515 kilograms of MDA contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is life imprisonment and/or 5,000 penalty units. There is a standard non-parole period of 15 years. 11. The fifth offence is supply a commercial quantity of a prohibited drug, being 151.95 grams of MDA, again contrary to s.25(2) of the Drug Misuse and Trafficking Act. There is a maximum penalty of 25 years' imprisonment and a standard non-parole period of 10 years. 12. The sixth offence is supply more than an indictable quantity of a prohibited drug, being 167.6 grams of cocaine contrary to s.25(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 15 years' imprisonment and/or 2000 penalty units. There is no standard non-parole period. 13. The seventh offence is recklessly deal with the proceeds of crime, being $83,725, contrary to s.193B(3) of the Crimes Act. The maximum penalty is ten years' imprisonment. There is no standard non-parole period. 14. In addition, when being dealt with for the fourth of those offences, that is supply a large commercial quantity of MDMA (2.515 kilograms), he asks that a further offence contained on Form 1 be taken into account pursuant to s.32 of the Crimes (Sentencing Procedure) Act. That offence is possess a prescribed restricted substance, being 15 mls of testosterone. The maximum penalty for that offence when dealt with separately is two years. 15. Azhar Abdul appears for sentence in respect of five offences and one offence contained on a Form 1. The first offence is supply more than an indictable quantity of a prohibited drug, being 27.4 grams of amphetamine, contrary to s.25(1) of the Drug Misuse and Trafficking Act. The maximum penalty is 15 years' imprisonment and/or 2000 penalty units. There is no standard non-parole period. 16. The second offence is supply a large commercial quantity of a prohibited drug, being 6.234 kilograms of MDMA contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is life imprisonment and/or 5,000 penalty units. There is a standard non-parole period of 15 years. 17. In relation to that offence, when being sentenced, he asks that the Court take into account a further offence contained on a Form 1, being possess a prescribed restricted substance, testosterone 1,306 milligrams. When dealt with separately, the maximum term of imprisonment is two years. 18. The third offence is supply more than a commercial quantity of a prohibited drug, being 449.82 grams of cocaine contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is 20 years' imprisonment and/or 3,500 penalty units. There is a ten year standard non-parole period. 19. The fourth offence is supply a large commercial quantity of a prohibited drug, being 1.138 kilograms of MDA contrary to s.25(2) of the Drug Misuse and Trafficking Act. The maximum penalty is life imprisonment and/or 5000 penalty units and there is a standard non-parole period of 15 years. 20. The final offence is knowingly direct the activities of a criminal group contrary to section 93T(4A) of the Crimes Act 1900. The maximum penalty is 15 years' imprisonment. 21. In relation to each of the offenders, they entered pleas in relation to all of the offences in the Local Court. I accept that each is entitled to a discount in respect of each of the offences of 25 per cent for the utility alone of the plea, as referred to in R v Thomson & Houlton (2000) 49 NSWLR 383. 22. As I intend to proceed in respect of each of the offenders by way of indicative sentences and aggregate sentences, I indicate that I have, in respect of each of the indicative sentences to be provided for each offender, taken into account the 25 per cent discount for the utility of the plea. I do not intend to refer to that again. 23. In respect of the aggregate sentence that I will impose in respect of the individual offenders, I have further taken into account Pearce (1998) 194 CLR 610, and the concepts of totality and accumulation. I do not intend to refer to that again. 24. The facts are as follows: 25. In December 2015 NSW police initiated Strike Force Bamberry to investigate Azhar ABDUL's supply of prohibited drugs. Police used an authorised undercover operative ('UCO') to buy drugs from ABDUL during this investigation. 26. ABDUL's associates were identified as Lopeti MATU (runner), the accused Eden SARDI and Lyle ASSAM. DEPLOYMENT 1: 26 February 2016 Supply large commercial quantity 3,4-Methylenedioxymethylamphetamine (MDMA) (261.3g) ABDUL Sequence 15 1. On 26th February 2016, ABDUL entered the UCO's vehicle and gave him a Blackberry device in exchange for $2,500. The device was provided to the UCO so he could communicate with ABDUL's drug syndicate about future drug supplies. 2. The Blackberry is a communication device which uses a secure email system which does not allow law enforcement authorities to intercept or monitor communications. Other features of Blackberries prevent law enforcement authorities downloading the content of the devices even after they are seized. 3. ABDUL also supplied the UCO with 1,000 blue triangular tablets in a plastic bag, wrapped in a blue kitchen wipe and tied with a hairband. The UCO gave ABDUL $10,000 for the tablets. These tablets were later analysed and found to be MDMA. The tablets weighed 261.3 grams and had a purity of 16.5%. 4. ABDUL told the UCO that when he knew the UCO was going to keep coming back for more supplies he would give him a better price. He said: 'But I guarantee, bro, the blue triangles. I've done fuckin' shitloads and everyone loves them. They've never had any complaints but if you do, if your boys don't like them, bring them back and they'll give you something else.' 1. He asked if the UCO would be requiring more than 1000 tablets in the future. ABDUL told the UCO he would use 'drivers' in the future. The 'drivers' were involved in the syndicate, being employed as delivery drivers. The UCO asked him what quantity of tablets he had capacity to supply. ABDUL said he could supply 50,000 tablets, 100,000 tablets, or 'whatever'. 2. Following the meeting the UCO activated the Blackberry and noticed that one contact, 'Smokey my supplier', had been saved in the phone. The email address linked to this name was 'red-dynamite@myprivacy.global'. 3. That night 'Smokey my supplier' wrote: 'U have got a good supplier that can get anythink and the best quality word !!' 1. He directed the UCO to group the money in $1000 lots with the windows on the notes all the same way for future exchanges. He also said: 'I'll never see you again mate u will put your order in to me and my driver will see you bro I'm to flat out bro and that's how I work bro trust me I don't do small shit so I hope u don't waste my time be safe… PS rule number 1 EVER TALK ON PHONES ABOUT BISO YOU WILL COME UNSTUCK.' 1. On 27 February 2016 'Smokey my supplier' wrote to the UCO asking him if he knew anyone who would want a kilogram of pure pseudoephedrine for $30,000. Pseudoephedrine is a precursor used to manufacture methylamphetamine. He also asked the UCO if he knew anyone who would take a kilogram of methylamphetamine. DEPLOYMENT 2: 4 March 2016 Supply large commercial quantity MDMA (494.8 grams) ABDUL Sequence 15; MATU Count 1 1. On Tuesday 1 March 2016 the UCO asked for the supply of another 'box' of the 'triangles' on Friday afternoon. ABDUL told the UCO he would supply 2 'boxes' (1,000 MDMA tablets per 'box') for $9,000 each, but only if the UCO was going to buy more the following week. The UCO agreed to meet ABDUL's driver on Friday afternoon. 2. ABDUL contacted the UCO again and asked if he wanted 3 'boxes' (3,000 MDMA tablets) for $8,500 per box. The UCO said he was happy to take the 2 'boxes' for now. ABDUL asked him if he could on-supply ounces or kilograms of MDA. The UCO indicated he would prefer to talk about this once they had further established their working relationship. 3. ABDUL said: 'Ok bro if u can move it bro I'll give you oz at a good price bro cracker m [MDA] too bro.' 1. On Friday, 4 March 2016, the UCO attended the Shell Service Station at Kariong, where the exchange was to take place. Once there he could not see the driver or contact ABDUL on the Blackberry. The UCO rang ABDUL on his mobile phone. ABDUL said his driver would be 15 to 20 minutes. 2. About 20 minutes later, Lopeti MATU drove into the service station. MATU got into the UCO's vehicle. He told the UCO he was known as 'Fitness Guru.' The UCO asked whether he should contact MATU or ABDUL regarding future supplies. 3. MATU said: 'It'd be both, normally me but, 'cause I'm his driver.' 1. The UCO asked MATU whether he was in a position to talk about ABDUL's offers to supply MDA or pseudoephedrine. MATU said everything would be organised between ABDUL and the UCO, that he was merely the driver and did not know much about other aspects of the trade. He told the UCO that ABDUL was his boss. 2. When the UCO asked MATU what quantities of MDMA ABDUL could supply, MATU replied: 'I wouldn't even know that yet bro… This is probably my third week.' 1. The UCO gave MATU $18,000 in exchange for 2,000 blue triangular tablets. The tablets were packaged in two resealable sandwich freezer bags which were inside a plastic shopping bag. The tablets were analysed and found to be 494.9 grams of MDMA. The two packages contained tablets of differing purity, the purities being 16.5% and 17%. 2. During this meeting MATU sent messages via an encrypted Blackberry device to the UCO's encrypted Blackberry. The messages, which are in an email style format, say 'From: fitness guru' and identify the sending email address as fitnessguru@powerme.mobi. MATU also told the UCO his mobile number. 3. MATU left the UCO's car and drove from Kariong to Gordon, where ABDUL was waiting in his silver Ford Transit Van, NSW registration CA48RH. ABDUL entered MATU's vehicle, holding a black coloured satchel bag. MATU drove away, returning a short time later and dropping ABDUL back to his vehicle. DEPLOYMENT 3: 14 March 2016 Supply large commercial quantity of MDMA (921.7 grams) ABDUL Sequence 15; MATU Count 1 1. On 8 March 2016, ABDUL wrote to the UCO on the Blackberry checking he had been happy with the last supply and asking if he wanted another type of MDMA. 2. On 9 March, ABDUL messaged the UCO that he had to put in an order that day. The UCO wrote back agreeing to buy another 2000 tablets. 3. ABDUL replied: 'Can u move any think else iv got mad rack (Cocaine) high 80s ?... Mate iv got mad rack 87% best you'll get atm bro as its so dry. Can do u a good price if your keen bro.' 1. The UCO asked for his price and ABDUL replied: '5 packs 75ea ($7500 x 5) or otherwise min I can do is 2oz bro and there 82ea'. 1. On the morning of 14 March 2016, the UCO messaged ABDUL asking if he could purchase 1000 MDMA tablets and 2 ounces of 'rack' (cocaine). ABDUL replied, saying each lot of 1000 MDMA tablets would cost $9,000 and the each ounce of cocaine would cost $8,200. He told the UCO that when he built up trust he would 'look after him.' He said that he wished he had known the previous night and would have to see what was 'in stock'. 2. ABDUL arranged for his driver to meet the UCO in Wahroonga and indicated the supply would cost $43,400. 3. ABDUL was ultimately unable to source the cocaine due to late notice but said that he could deliver the cocaine the following day. This arrangement was not suitable to the UCO so they agreed that the supply would proceed as planned but 3000 MDMA tablets only would be supplied. 4. Later that day, the UCO waited in Wahroonga, but the delivery was late. He exchanged a number of Blackberry messages with ABDUL, who told him MATU would be the driver for the day. ABDUL told the UCO that MATU had to attend on him to pick up the drugs so he could supply them to the UCO. 5. Later the UCO messaged ABDUL saying: 'I haven't heard from ur mate.' 1. ABDUL replied: 'He's not my mate bro he's a driver.' 1. Investigators followed MATU in his motor vehicle, a black coloured Kia sedan NSW registration CNS-91K, as he drove to Chatswood and met with ABDUL. MATU drove back toward Wahroonga. 2. As he was driving back, MATU messaged the UCO under the identity 'Fitness Guru' to get a precise location they would meet. He found the UCO, parked his vehicle and entered the UCO's vehicle. He told the UCO that he had just driven from Umina Beach to Chatswood to meet with ABDUL and get the MDMA tablets. He said that he had to return to ABDUL following the meeting with the UCO. 3. MATU handed the UCO a McDonalds paper bag which contained a number of other items of packaging, including 2 medium sized Glad resealable bags each containing numerous white tablets embossed 'CK" and a kitchen wipe bound by elastic bands also containing white tablets embossed 'CK'. The UCO gave MATU $27,000. The white coloured circular tablets embossed with "CK" were later examined and found to be 921.7 grams of MDMA. The three packages contained tablets of differing purity, the purities being 18%, 20% and 21%. 4. MATU returned to his own vehicle which he drove north, stopping in Gordon to meet with ABDUL. 5. On 14 March, ABDUL asked the UCO if he was able to bring more customers to him. He said, 'The more people you bring to me the better I'll look after you bro.' DEPLOYMENT 4: 22 March 2016 Supply commercial quantity of Cocaine (87.32g) ABDUL Sequence 17; MATU Count 2; PURDIE Sequence 2 1. On 17 March 2016, the UCO asked ABDUL for 3 ounces of cocaine and 1 ounce of methylamphetamine. ABDUL asked if he wanted 'sand' methylamphetamine or 'crystal' methylamphetamine. The UCO asked him to bring half an ounce of each. ABDUL asked if the UCO again wanted 3000 MDMA tablets but the UCO said he did not want these this time. ABDUL told the UCO the methylamphetamine would be $2500 for the first supply and 'when yous grab more I can do a better price.' He expressed disappointment that the UCO has not asked for at least 1000 MDMA tablets when ABDUL understood the agreement was for an ongoing weekly supply of MDMA. He told the UCO the cocaine would be $8000 per ounce. 2. On 21 March 2016, ABDUL contacted the UCO to say his supplier would not sell 1 ounce of methylamphetamine as it was too small. ABDUL said the best he could do would be 5 ounces or 10 ounces. He was sorry about this but promised it was quality methylamphetamine. The UCO said he wanted to start small with 2 ounces first. He said if ABDUL could not supply this then he would not purchase the methylamphetamine. ABDUL agreed to supply the 3 ounces of cocaine, but said the methylamphetamine would 'have to be next time.' The UCO asked him if he needed more notice. ABDUL said: 'Would help bro 2 days min put your order in on Friday bro next time if you want it all on Tuesday.' 1. On 22 March 2016, while the UCO was negotiating a place and time to meet with ABDUL's driver, ABDUL forwarded him a message from 'Thekid13' on the Blackberry, saying it was a message from his 'factory man'. The message said that the drugs were double vacuum sealed so drug dogs would not find it. 'Thekid13' warned caution as the dog squad had been out during the week. 2. About 12.30pm on 22 March 2016, the UCO parked in the Kariong Shell Service Station. MATU Blackberry messaged him to say that he was late to the meeting as he was just waiting on the drugs to arrive. 3. At 12:31pm investigators saw MATU drive his vehicle registration CNS91K into Fox Close, Kariong. At 12:49pm two males driving a Mitsubishi Mirage WZA651 (registered to Lexc PURDIE) drove into Fox Close, parking directly opposite MATU's car. The passenger of PURDIE'S car got out of the car and MATU sat in the passenger seat. Investigators saw that the driver was an 18 to 25 year old Caucasian male with a fair complexion, shaved head and a tattoo on the right side of his neck. After sitting in the vehicle for a short time, MATU got back into his own car and drove to directly the Kariong Shell Service Station, arriving at 12:50pm and supplying the UCO with a vacuum sealed plastic bag containing 3 vacuum sealed packages of white powder. He told the UCO to be careful as he had seen some police around. The UCO handed MATU $24,000 in Australian currency. 4. When MATU did not stay as long as he normally had during exchanges the UCO asked if he was in a hurry. MATU said, 'Now I've gotta go see him, bro you know what I mean.' He left the service station at 12:57pm. 5. The substance supplied was later found to weigh 87.3 grams. Scientific testing revealed it was not in fact a prohibited drug. 6. Investigators saw MATU leave the Service Station to immediately meet up with Lexc PURDIE's vehicle. They travelled in convoy for five streets. They stopped at 1:01pm where the passenger of the vehicle got out of the car, leant into MATU's open front passenger window and returned to PURDIE's car. PURDIE's car drove off, returning to 11 Linton Street, Stanhope Gardens. 7. Investigators took a photograph during their surveillance of the driver of Lexc PURDIE's vehicle. The photograph does not clearly depict the driver, but it does show him to have a small tattoo below his left ear which is a picture of a spider. DEPLOYMENT 5: 6 April 2016 Supply large commercial quantity MDMA (1.01 kilograms) ABDUL Sequence 15; MATU Count 1 Supply commercial quantity Cocaine (indictable quantity) (28 grams) ABDUL Sequence 17; MATU Count 2 1. On 24 March 2016, ABDUL told the UCO he could supply the 2 ounces of MDA the UCO had previously sought, telling him it was 'in stock'. 2. The UCO complained that the cocaine had been terrible quality and that he would not bother buying cocaine or MDA from him further, but would continue to buy the MDMA. ABDUL was surprised and said that he would not use the contact who supplied the cocaine again. He offered to give the UCO samples of the other cocaine and said he was confident that his MDA would not disappoint. ABDUL later indicated that other customers were saying the cocaine was terrible and that he was going to have a meeting with the cocaine supplier to discuss it. He said he had been trying a new supplier out and that he was sorry. 3. On 4 April, the UCO ordered 4000 MDMA tablets from ABDUL, agreeing to pay $36,000. 4. As they were organising the meeting, ABDUL messaged: 'I want my driver to see your licence tomorrow bro I just worried you're a cop bro its been playing on my mind this hole time bro.' 1. About 7am on 6 April 2016, asked for a further 1000 MDMA tablets, but ABDUL was not able to supply them on such short notice. ABDUL told the UCO he would replace the previous bad cocaine. 2. About 6pm the UCO and Lopeti MATU exchanged a number of messages as they tried to locate each other to conduct the supply. MATU was using his 'Fitness Guru' email on the Blackberry. In one of the messages, MATU said: 'Hold up I'm on that rd now ? Unless u wanna do it at the servo bro big deal we doing.' 1. One minute later MATU messaged the UCO to say he had seen him. These messages and others like it show that MATU was using his own Blackberry under the name 'Fitness Guru' at this time. 2. Lopeti MATU met with the UCO and got into his vehicle before they drove around the Kariong area. While they were driving, the UCO gave MATU $36,000. MATU showed the UCO a black shoe box and said that it contained an 'occa' (an ounce of cocaine). He said the UCO had not been charged for it. 3. The UCO said: 'Because you know what happened last time? Did he explain to you?' 1. MATU replied" 'I don't really get told much info… but he said… something happened.' 1. The black shoe box contained some packing paper and a tied plastic freezer bag containing 28 grams of cocaine with a purity of 21%. Also amongst the packaging were two plastic shopping bags, one grey and one white. Inside these bags, two plastic resealable 'Multix' bags held a number of blue triangular tablets. The tablets were later analysed and found to be 1.01 kilograms of MDMA. The two packages contained tablets of differing purity, the purities being 16.5% and 15%. 2. After the drug exchange, the UCO was driving MATU back to his vehicle when MATU waved to the occupant of a white Jeep Wrangler. The UCO said: 'Was that ABDUL there?' 1. MATU replied, 'Yeah, nah nah nah that's the Boss Boss. All right brother, I've got to go bro.' 2. At 6:17pm, MATU's vehicle drove into Fox Close, Kariong, a short street that ends in a cul-de-sac. The white Jeep Wrangler also drove into Fox Close. Ten minutes later, at 6:27pm, both vehicles exited Fox Close together and travelled in different directions. MATU drove towards the freeway and the Wrangler drove to Horsfield Bay. 3. At 6:28pm, the UCO received a message on his Blackberry from 'Fitness Guru' saying: 'Hey bro, its reds partner just met up with driver with the rack [cocaine] bro I dont know if red told you but I told him too let you know we seen a new guy for it and he pretty much snipped us so what I wanna do is off my own back is each time we meet or whenever I make enough to give you the three occas [ounces] so I owe you for another 2 occas I was hoping you'd be able to fix your mate up and then go from there and hopefully he's keen to grab 3 a week again or if your happy with that occa and next time you wanna load up and grab three you could pay for 2 and ill fix another one then and 1 more time after that because what happened to you is not far and I am having dramas with the guy about it now. That's not what were like at all so we were very disappointed we just trusted this fella to much from the get go. Any dramas let us know. We also have cheap m [MDA] if you grab 5 packs for like 2200 each. And are soon to be getting good pot.' 1. The UCO understood the reference to 'Red's partner' mean that the person messaging was ABDUL's business partner. ABDUL's email address on the Blackberry is 'red-dynamite.' 2. Surveillance officers followed the white Jeep Wrangler from Kariong to Horsfield Bay, where the registration was confirmed as being DBO17V, a vehicle registered to Eden Sardi. 3. The plastic bags which contained the MDMA were retained and fingerprinted. Both the grey and the white bags had on their exterior surface a fingerprint which matched Eden Sardi's fingerprint. DEPLOYMENT 6: 11 April 2016 Supply large commercial quantity MDA (0.2g) ABDUL Sequence 21 1. On 8 April 2016, the UCO initiated a meeting with ABDUL and his 'business partner' to discuss further drug supply. 2. On 10 April 2016, ABDUL told the UCO he would meet him at "Grill'd". He told the UCO his business partner was not able to come. He said he had 2 ounces of 'M' available and asked if the UCO would take them or just a 'tester'. The UCO agreed to take a tester. 3. On 11 April 2016, ABDUL met with the UCO in Chatswood. The UCO asked ABDUL how much MDMA he could supply. ABDUL replied: 'Oh, really as much as you, you need, really, yeah keys [kilograms].' 1. The UCO told ABDUL about the Blackberry conversation he had on 6 April with ABDUL'S business partner who was using the email address for 'Fitness guru.' The UCO expressed concern that the business partner may be trying to 'cut ABDUL out'. ABDUL said: 'Yeah, no, no, no, no, he's sweet. He's sweet. If he talked to you it's sweet.' 1. ABDUL told the UCO that he was going away to Bali for two weeks. 2. During this meeting, ABDUL handed the UCO a small plastic bag containing 0.2 grams of MDA with a purity of 66%. DEPLOYMENT 7: 4 May 2016 Supply commercial quantity Cocaine (84 grams) ABDUL Sequence 17 Supply large commercial quantity of MDA (139.4 grams) ABDUL Sequence 21 Supply large commercial quantity of MDMA (1.03 kilograms) ABDUL Sequence 15; ASSAM Sequence 1 1. On 13 April 2016, ABDUL messaged the UCO asking for 2 days' notice for any MDMA orders. He told him to 'let him know' if he needed more than 5000 tablets. He said he could get more of the last supply of cocaine. 2. On 15 April 2016, ABDUL encouraged the UCO to buy 10,000 MDMA tablets. He said he could get two different types for $8000 per 1000 and if the UCO was to keep buying it every week or every second week he could do a better price. He also said he liked to do 5,000 and 10,000 capsules of MDA rather than 1 or 2 ounces. 3. On 18 April 2016, ABDUL again encouraged the UCO to buy 10,000 MDMA tablets. 4. On 28 April 2016, ABDUL told the UCO his trip (to Bali) was going well. He said that he had the MDA and better cocaine now. The UCO replied to say that he would get 4000 MDMA tablets. He said he would get 5 ounces of the MDA and also some cocaine. He referred to the prior conversation where the business partner said he would repay the 2 ounces of cocaine that was owed and suggested that he would get 3 ounces of cocaine and pay for 2. ABDUL agreed. He told the UCO that the MDMA was really good at the moment, the tablets were white 'CKs' (the stamp which is on the tablet) and everyone was loving them. 5. On 1 May 2016, the UCO received a message from ABDUL's email ID 'Smokey my supplier' saying, 'Hey bro its reds partner ill send you a bb [Blackberry] to talk to red on he's back in aus.' 6. The UCO wrote to MATU's address understanding that he was conversing with ABDUL. He said, 'Your partner told me to msg this instead of your other one.' 7. He put in a drug order with ABDUL, who told him the total cost would be $64,000 ($36,000 MDMA, $11,000 MDA, $17,000 cocaine and one ounce of cocaine for free). The UCO agreed and asked, 'Your driver going to have a different bb?' ABDUL replied, 'Nah, probs this one bro.' 8. On 2 May 2016, ABDUL, still using MATU's Blackberry, told the UCO that he would have to meet at St Ives rather than the Central Coast as his driver was away. 9. On 3 May 2016, the UCO received a message from 'Smokey my supplier' saying: 'Hey bro its azs partner I was wondering if you could do anything with goey ? We have some really good stuff at the moment ive told him to let you know but don't know if he has.' 1. The UCO replied; 'Hey bro. I can see if my people like it. I'm seeing az tomorrow talk to him and tell him to bring a sample bro.' 1. 'Smokey my supplier' said; 'Sweet bro I'd say he will be able to organise abit in time and he also told me you had a 10K rounders [MDMA] 10oz m [MDA] and 10oz rack [cocaine] or something coming up soon is that still happening?' 1. The UCO told 'Smokey my supplier' he would talk with 'Az' (Azhar ABDUL) the following day about it. 2. About 5.45pm on 4 May 2016, ABDUL used MATU's Blackberry to tell the UCO that he would meet him in Romney Street, St Ives. This location is a few hundred metres from ABDUL's residence. 3. About 6pm on 4 May 2016, ABDUL met the UCO in Romney Street and got into his vehicle. ABDUL handed the UCO a black coloured sock which contained kitchen paper towel and five small glad wrapped parcels. The first three glad-wrapped parcels of powder were 84 grams of cocaine. The cocaine bags had differing purities. Two parcels had purities of 26% and the third parcel's purity was 25.5%. The final two glad-wrapped objects were 139.4 grams of MDA, the parcels having purities of 66.5% and 66%. 4. The UCO handed ABDUL $64,000. ABDUL said he was still waiting on the MDMA to be delivered, and took the correct payment for the MDA and the cocaine, returning the remaining money to the UCO. 5. ABDUL told the UCO MATU was on holidays. ABDUL said he had been holidaying in Bali with 'a few of the boys, like, four of my mates… my other partner flew over too.' 6. Subsequent checks with Immigration and Border Protection records confirm that Eden SARDI travelled to Bali on 23 April 2016, returning on 6 May 2016. 7. The UCO told ABDUL that he was finding it difficult to determine who was using which Blackberry. ABDUL said he would be using MATU's blackberry. The UCO asked ABDUL if his business partner had filled him in on the things the UCO had discussed. ABDUL said: 'He told me pretty much everything. He just said that he asked you about somethin' about when you're gunna grab the 10. And I just told him, bro, that you got this thing going south and then you've got this thing up north and you'll be getting' a few more. And then, yeah, that's all I've really told him, and he just said, well can you, like ask him if he can move pot, can he move this, you know.' 1. The UCO asked if the person delivering the MDMA was the business partner. 2. ABDUL said: 'Nuh, It's just my, like just a rounder [MDMA] man.' 1. A short time later ABDUL said the tablets had arrived and left the UCO's vehicle. He entered a white Ford Ute, ZIW-890, registered to Lyle ASSAM. 2. When ABDUL returned, the UCO gave him the remaining money and ABDUL gave him a brown paper bag containing a take away cardboard box with a kitchen towel inside and small triangular tablets underneath it. The tablets were later analysed and found to be 1.039kg of MDMA with a16% purity. 3. ABDUL said, 'Mate, you're not setting me up, are you?' 4. He did not allow the UCO to check what was in the bag properly and left the vehicle in a hurry. 5. At 7:04pm, the UCO messaged MATU's blackberry asking if ABDUL got home okay. 6. ABDUL replied at 7:09pm, 'You're a cop.' 7. At 7:10pm ABDUL wrote, 'You trying to set me up.' 8. At 7:17pm he wrote, 'I don't trust you at all… talk to my mate I'm done cya.' 9. At 8:37pm, someone using the Blackberry of 'Smokey my supplier' wrote, 'Hey brother howd things go today how was new rack [cocaine]? 10. At 8:47pm, the UCO replied; 'Bro. Azs paranoia is turning business into a disaster. He has disrespected me too many times… I wont put up with that I told him I have bigger business coming in the next few weeks. If that is to happen You need to speak with to him… Business can be good except for azs paranoia.' 1. 'Smokey my supplier' said: 'What is he saying why is he disrespecting everything went fine didn't it ? And yous are happy coin was there we are happy. I will get someone else to come next time so there is no disrespect when you put order in let me know what it is I will sort can even bring myself if you want…The m [MDA] is gonna be better once again so will rack… with the rounders [MDMA] was a struggle to get at that price for you because everyone was out. So the next order is the one I was talking bout the other day ? So what happened today but ? You never told me…. Message me what happened today so I can talk to him and let him know what he's doing wrong ok than you talk soon next time I will have different rounders for you ☺.' DEPLOYMENT 8: 25 May 2016 Supply commercial quantity cocaine (167.6 grams) ABDUL Sequence 17; ASSAM Sequence 2 Supply large commercial quantity MDA (224.1 grams) ABDUL Sequence 21; ASSAM Sequence 3 Supply indictable quantity amphetamine (27.4 grams) ABDUL Sequence 13; ASSAM Sequence 4 Supply large commercial quantity MDMA (2.5154 kilograms) ABDUL Sequence 15; ASSAM Sequence 6 1. About 4:20pm on 9 May 2016, the UCO received a Blackberry message from someone using the email for 'Smokey my supplier'. It said: 'Hey mate its smokes partner just seeing updates how did you go?' 1. The UCO said: 'Hey bro. All good brother everyone is happy I should have firm numbers for u in the next few days but it will be a big order…' 1. 'Smokey my supplier' replied: 'Ok so u won't need it for afew weeks what's a big order to you bro 10s or ??? 1. On 10 May 2016, 'Smokey my supplier' messaged: 'Hey mate just wanted to know. Roughly what u think u will want just so I can sort it out before my boys go away could u please let me know asap so u don't miss out thanks.' 1. The UCO replied: 'Hey bro. Just locked it in. It'll be 10 box rounders. 6oz rack and 8oz m. $??' 1. 'Smokey my supplier' wrote: 'Bill: Rounders [MDMA] 10 x 8.50 ea = 85k M. [MDA] 8 x 2200ea = 17600 Rack [cocaine] 5 x 8ea = 40k Total 142600 Please confirm so I process the order Thanks.' 1. The UCO asked if there would be an extra ounce of cocaine for free. This would be the last ounce of cocaine to repay the UCO for the 3 ounces which had no cocaine in them. The person using the Blackberry in 'Smokey my supplier's' name confirmed there would be a free ounce of cocaine. 2. On 17 May 2016, 'Smokey my supplier' wrote: 'Hey bro, Did you want me to put in a oz of gas as well so u can show your boys bro? Its dynamite like the m they will love it.' 1. The UCO agreed to buy a single ounce of the 'gas' (amphetamine) for $3000. 2. On 22 May 2016, the UCO messaged 'Smokey my Supplier': 'Brother. On Wednesday I don't mind if az is there but can u be there because he is too paranoid for me. Ill meet u at Kariong at 11am.' 1. 'Smokey my supplier' replied: 'I should be there bro I got a bit on that's all don't think az will be there gear is ready bro have you got paper [money] ready and counted into 1k bundles then bands around every 10k how we gonna do this drop do you have any spots ?' 1. On 25 May 2016, 'Smokey my supplier' messaged: 'Bro I got called to another big job today bro so I won't be there I'm sending the driver there make sure you have the 146600 there ready he will check it an give it to him we will catch up for a coffee in the next few days to talk about future business thanks.' 1. Later that day, the Blackberry device in MATU's name sent a message to the UCO saying: 'Other driver is on his way will be there at the same time everything is there don't talk much with driver just hand him money let him know the hole 146600 is there and tell him you gotta go less the driver knows the better if he ask questions tell him to speak to me its az. He shouldn't be asking questions if he does let me know. If you have anyu questions ask me on here thankyou. 1. That same day, Lyle ASSAM drove his Ford Falcon utility to a lookout in Kariong, where he entered the UCO's vehicle and supplied him with 10,000 MDMA Tablets, 8 ounces of MDA powder, 6 ounces of Cocaine and 1 of Amphetamine. 2. The UCO and other police arrested ASSAM while he was still in the UCO's vehicle. 3. The drugs supplied were analysed and later found to be: * 167.6 grams cocaine with a purity of 21% * 224.1 gram MDA with a purity of 77% * 27.4g amphetamine in crystalline form with a purity of 12% * 2.5154 kilograms MDMA with a purity of 16%. 1. At around this time, police executed a number of simultaneous search warrants on the premises of the offenders. ABDUL's Arrest and search Supply large commercial quantity MDMA (0.96 grams) ABDUL Sequence 15 Supply commercial quantity cocaine (82.9 grams) ABDUL Sequence 17 Supply large commercial quantity MDA (774.1 grams) ABDUL Sequence 21 Possess Testosterone (1306mg) ABDUL Sequence 22 1. At 11:45am on Wednesday, 25 May 2016, police searched 8 Raleigh Crescent, St Ives Chase, the home of Azhar ABDUL. There they found the following items in his bedroom: * 3 off-white tablets marked with a 'CK' logo which was analysed and determined to be 0.96 grams MDMA with a purity of 17.5% * 82.9g cocaine with a purity of 68.5% * 774.1g MDA with a purity of 75.5 – 77.5% * 1306mL Testosterone in various vials * 2 brown tablets marked with a 4 leaf clover image, which was analysed and found to weigh 0.54g and tested positive to a presumptive screening for methylenedioxy-substituted amphetamine-type substances * 24 capsules weighing 1.81 grams and identified to contain ethylone, which is an analogue of a prescribed drug 3,4 methylenedioxymethcathinone (methylone) * 70 blue heart shaped tablets, weighing 9.44g and containing methandienone. Metandienone is scheduled on the poisons list * 2 Blackberry devices * 9 mobile phones (but one had a cracked screen and another had a broken back) * $340 * A gold Rolex watch * A black flick knife 1. ABDUL was arrested and taken to Hornsby Police Station. As he walked up the stairs of the police station with detectives, he dropped a Blackberry mobile phone. He was interviewed by police that day but made no admissions and told them that neither of the two Blackberries he had with him were his. He told police that he worked full time for Master Quality Shades and earned about $800 a week. SARDI's Arrest and search Possess MDMA (1.94 grams) 1. About 11.40am on Wednesday, 25 May, 2016, Police saw Eden SARDI and his girlfriend walking their dog near their home. They approached him and identified themselves, whereupon Sardi let go of his dog's lead and ran from them. Sardi jumped over a resident's fence and went into a back lane, but was arrested by other police in the laneway and taken to Gosford Police Station. 2. Police executed a search warrant at the address where SARDI and his girlfriend resided, 33 Sydney Avenue, Umina Beach. They seized the following property: * 2 off-white tablets containing MDMA and marked with a 'transformers' symbol. They weighed 0.66 grams and had a purity of 15% * 3 dark green tablets containing MDMA and marked with a Euro symbol. They weighed 1.03 grams and had a purity of 14% * A grey tablet containing MDMA and marked with a 'Playboy' bunny symbol. It weighed 0.25 grams and its purity was not analysed * $2050 cash * 1 x glass bong * Multiple plastic resealable bags * 3 x vials of growth hormone * 2 x vials of an unknown substance 1. Whilst in custody, the accused participated in an electronically recorded interview. He admitted to knowing ABDUL and MATU, but denied taking part in the supply of any prohibited drugs. He was asked who drives his vehicle, a white Jeep Wrangler, registration DBO17V. He said the only people that normally drive the vehicle are himself, his girlfriend and his dad. He did not identify who was driving his vehicle on 6 April 2016 when it was seen in connection with the drug supply at Kariong. 2. SARDI's solicitor arrived at Gosford Police Station after the interview was conducted. SARDI was administered the special caution but declined to comment further. Evidence from LIDDLE regarding SARDI's involvement 1. On 25 May 2016, police executed a search warrant at the home of Samantha LIDDLE and found a quantity of drugs. On 21 July 2016, she was interviewed by police in relation to her knowledge of Eden SARDI and her knowledge about his involvement with illegal drugs. She said that she was aware that Eden SARDI and Azhar ABDUL were involved in drug dealing and that Lopeti MATU was a 'driver'. She knew all three men, meeting SARDI through ABDUL. She said that SARDI was the boss and ABDUL answered to him but had been stepping up his role lately. She said that SARDI told her MATU was getting $1000 per week for 'running'. She said that MATU had stopped running and SARDI was talking to her about finding another 'runner.' ASSAM's Arrest and search Supply large commercial quantity MDA (151.95 grams) ASSAM Sequence 6 Knowingly deal with proceeds of crime ASSAM Sequence 8 Possess testosterone (15mg) ASSAM Sequence 10 1. At 11:55am on 25 May 2016, police searched 8 Tapi Glen Street, St Clair, the residence of Lyle Assam. 2. There they found: * 151.95 grams MDA at 80.5% purity * About 15 mL testosterone * About 15 mL Drostanolone (a prohibited drug) * 10mL Stanozolol (a prohibited drug) * 22 blue and white capsules weighing 8.5g containing Oxandrolone (a prohibited drug) * 10mL Tembolone (a prohibited drug) * $96,775 in cash, $83,725 of which ASSAM accepts is the proceeds of crime * A Blackberry phone * A notepad containing names and numbers * A vacuum seal machine with plastic films * 77 white and blue capsules containing 29.5 grams of Mesterolone (a prohibited drug) 1. ASSAM, who had been arrested earlier in the day at Kariong lookout, was interviewed by police. He told them he had been working as an electrician for the past 9 years. He admitted that he was the driver on 4 May 2016 when he delivered MDMA to ABDUL for supply to the UCO in St Ives. Search warrant at 11 Linton Street STANHOPE GARDENS Knowingly deal with proceeds of crime PURDIE Sequence 3 1. About 1.00pm on Wednesday, 25th May 2016, police attended 11 Linton Street Stanhope Gardens and executed search warrant number 64/2016. 2. The Occupier's Notice was served upon Grant and Angele SKENNAR and police commenced searching the premises. During the search warrant, investigators observed Lexc PURDIE's motorbike parked in the garage of the premises. Police believe Lexc PURDIE was residing at the premises, although this was denied by Grant & Angele SKENNAR. 3. During the search, $39,450 in Australian currency was seized from the main bedroom walk-in wardrobe, hidden in jackets and shoes. Grant SKENNAR informed investigators that this money was from an inheritance his wife Angele had received from her father's estate. 4. This money was later compared to all 8 UCO deployments carried out during Strike Force Bamberry. A total of $7000.00 of this money was in fact money used by investigators to purchase prohibited drugs during Strikeforce Bamberry in the 2nd and 4th of the UCO deployments. In his 2nd deployment, on 4 March 2016, the UCO had purchased 2000 MDMA tablets weighing 494.8 grams for $18,000 from MATU and ABDUL. The 4th deployment is set out herein. 5. Several attempts were made to locate PURDIE which were unsuccessful. PURDIE's Barrister informed Police that PURDIE did not wish to be interviewed and would not attend the Police Station in relation to the matters. 6. The accused PURDIE was charged by way of future CAN and is now charged with the matters before the Court. 7. All the men accused in this case except PURDIE were refused bail. During their time on remand, ASSAM wrote two letters to SARDI evidencing that they knew each other and were friends prior to their incarceration. SUBJECTIVE MATTERS - LYLE ASSAM 1. Tendered on behalf of the offender were the following: * report of Dr Jonathon Adams, Psychiatrist, dated 27 July 2017; * statement of Craig Assam, dated 11 July 2017 (father of the offender); * letter from Dr Elison Tong, dated 7 July 2017 (relating to the transfer of Natalie Samuels to the Camden Palliative Care Unit on 30 June 2017 and a certificate as to her death on 14 July 2017); * reference from Nicholas Farrugia, dated 26 May 2017; * reference from Cassandra Ringshaw, dated 10 July 2017; * reference from Llewellyn Biggor, dated 10 July 2017 (President of the Australian South African Club); * reference from Sean Aquilina, dated 18 July 2017; reference from Carl Cammudo, dated 17 July 2017 (who has only seen the offender twice per year over the last 15 years as Mr Cammudo lives in Melbourne); * reference from Jarrod Gatt, dated 10 July 2017; * reference from Danielle Kerr, dated 10 July 2017. 1. Also available on sentence are the offender's criminal history, a Department of Corrective Services Conviction and Sentence and Appeals report, and in addition, Craig Assam, father of the offender, gave evidence on sentence. Subjective matters are drawn from that material. The offender did not give evidence on sentence. 2. The offender was 26 at the time of the offending and is now 27. He has never been married and has no children. He has no previous criminal history and has been in custody since his arrest on 25 May 2016, and only in respect of this matter. There are no significant breaches of prison regulations. He has never had and does not have any mental health issues. He began drinking at 13 with weekend binges, and commenced using cannabis at about the same time. By 17 he was socialising at Kings Cross and consuming ecstasy while working as a disc jockey. His use increased to three or four times per week by the time he was 21 or 22, by which time he was also using cocaine. He also commenced using anabolic steroids and growth hormones and has taken several courses since. His use of illicit substances impacted adversely on his work as an electrician, but up to 24 years of age he worked primarily for his father. He has never engaged in any alcohol or drug rehabilitation. 3. He was born in South Africa and came to Australia when he was two years of age. His parents separated when he was five or six. He has a number of half brothers and sisters, each of his parents having had further children. He lived with his mother and stepfather until about he was twelve years of age before moving to live with his biological father. His schooling was uneventful and he left school in Year 11 to commence an electrical apprenticeship with his father, but has not completed the required subjects. From 17 to 24, he worked for his father. At 23 or 24, he moved out of home and commenced living with acquaintances in Vaucluse. He has had two previous relationships, but was not in a relationship at the time he was arrested. 4. He claimed that he was paid in cash which he used to support his lifestyle to store illicit drugs and money at his home and make deliveries. Although he stated that he had never thought about the impact of his offending, he claims to have accepted responsibility and is said to see his arrest as breaking his previous downward trajectory and cycle of abuse. 5. Craig Assam, the offender's biological father, gave evidence on sentence. While the offender has been in custody, his mother died on 14 June 2017. After moving to live with his father, he commenced a deceptive lifestyle, deceiving his father as to what he was doing and where he was going. His alcohol and drug use escalated and he was frequently unsupervised from 16 years of age as his father's work commitments frequently took him interstate for weeks. His father perceives himself as not having provided sufficient supervision or direction to the offender. His father regularly visits him in custody and remains supportive and determined to provide employment for him in the electrical trade when released. 6. In general, his referees think well of the offender and all have visited him in custody. They variously indicate that he has expressed remorse and accepted responsibility for his actions. However, only Sean Aquilina was aware that the offender used prohibited drugs on weekends and for parties. None of the other referees appear to have been aware of his abuse of illicit substances over the years. 7. When arrested, he admitted to being the driver on 4 May 2016, and delivering MDMA to Abdul for the supply to the undercover operative. The quantity then supplied to the UCO was 1.03 kilograms of MDMA: that is, twice the threshold that qualifies as a large commercial quantity, being 500 grams. ROLE 1. On 4 May 2016 and 22 May 2016 the offender participated in the supply of substantial quantities of prohibited drugs by delivering them to Abdul or the UCO. On 25 May 2016, he delivered to the UCO four different prohibited drugs, MDA, MDMA, amphetamine and cocaine. The amounts delivered, being 2.515 kilograms of MDMA, are more than five times the threshold of 500 grams for a large commercial quantity. The amount of 221.1 grams of MDMA is almost twice the threshold quantity of a commercial quantity, being 125 grams. The amphetamine was 27.4 grams, which is more than five times the threshold for an indictable quantity of 5 grams. The 167.6 grams of cocaine is more than 55 times the deemable quantity of 3 grams, more than 33 times the indictable quantity, and more than half the range covered by an indictable quantity. 2. On 4 May 2016, Abdul indicated to the UCO that he was still waiting for the MDMA to be delivered, and when asked if the person delivering was his business partner, he replied, "Nah, it's just my, like just a rounder (MDMA) man." The MDA supplied by Assam that day was 4000 tablets for $36,000 received from the UCO. From this it can be inferred that Assam was either Abdul's supplier of MDMA or at least a part of the supply chain to him. Assam was so intimately involved with Abdul that he was trusted to make the delivery of the smorgasbord of drugs on 25 May 2016, and also to collect an expected payment of $146,600 from the UCO. 3. When Assam's premises were searched that day, located was 151.95 grams of MDA (more than 30 times the indictable quantity and more than half the range covered by the indictable quantity). In addition, Assam was recklessly dealing with the proceeds of crime, being $83,725, which was separate to the $146,600 he was expected to receive on 25 May. 4. Also located during the search were a number of prohibited drugs of a different type to that which Abdul had previously supplied to the UCO; * 15ml testosterone, * 15ml Drostanolone, * 10ml Stanozolol, * 22 capsules being 8.5 grams Oxandrolone, * 10ml Trenbolone, * 77 capsules, being 29.5 grams of Mesterolone. 1. Other indicia of supply in his possession were a Blackberry mobile phone, a note pad with names and numbers and a vacuum sealing machine with plastic film. 2. The offender informed, Dr Adams, psychiatrist, that he was being paid for his participation in storing and delivering prohibited drugs. There is no evidence as to how much he received for his participation, whatever his role was in the distribution. 3. Mr Lloyd SC, on behalf of the offender, has submitted that in respect of 4 May 2016, he was simply a "driver" and in respect of 25 May 2016, he was still simply a "driver" and that his role was at the lower end of objective seriousness and thus distinguishable from others, who had more significant roles. Mr Lloyd, in respect of this submission, has also relied on the final instructions of Abdul to the UCO before Assam delivered the order on 25 May 2016 that, "…don't talk much with driver just hand him money. Let him know the whole 146,600 is there and tell him you got to go. Less the driver knows the better. If he asks questions tell him speak to me, it's AZ. He shouldn't be asking questions. If he does let me know…" as confirming that Assam was low in the hierarchy, and "just a driver". 1. I do not accept that submission. The material before the Court indicates that Abdul was an aggressive empire builder with a touch of paranoia as to being detected, and ensuring that his UCO customer would be attracted to deal with him rather than anyone else. It is entirely normal in those circumstances that he would want to limit information exchanged between Assam and the UCO which might affect his trade or the price or allow being undercut, let alone for others to have full detail of how he operated his commercial venture. 2. Despite the instruction to the UCO as to any questions Assam might ask, it is clear from the events, quantities of drugs and money previously referred to that Assam was not some lower echelon flunky, gofer or driver, he was a highly trusted upper echelon participant and member of a very substantial drug distribution enterprise. 3. I accept that he has in the past had a drug problem in relation to the consumption of prohibited drugs and/or restricted drugs. There is some evidence of the expression of remorse and contrition. The pleas of guilty themselves in the circumstances of a strong Crown case do not, in my view, evidence remorse or contrition, but there was at least on his part an admission in respect of the driving on 4 May 2016. Considering his comparative youth at the age of now 27, there is some prospect that if he addresses his problems with prohibited drugs he will not re-offend in the future, but considering his role in this matter, the prospect of rehabilitation and not re-offending must be regarded as guarded. 4. I regard each of the offences with which he is charged as being at least within the mid range of objective seriousness for offences of the individual nature, particularly when considered in the overall context of his conduct. SUBJECTIVE MATTERS - LECX PURDIE 1. Tendered on behalf of the offender were the following: * report of Tina Alexander, School Counsellor and Psychologist, dated 30 September 2001; * report of Dr John Anderson, psychophysiologist, dated 30 March 2001; * report of Christine Webster, psychologist, dated 9 June 2017. 1. In addition, available to the Court is the offender's criminal history and a Pre-Sentence Report under the hand of Aleksandra Arcaba, dated 11 July 2017. Subjective matters are drawn from that material. The offender did not give evidence on sentence or call evidence. 2. The offender was 23 years of age at the time of the offences and is now 25. He has never married and has no children. He has been in a relationship for approximately 18 months. Born and raised in Sydney, he is the only child of his parent's union. They divorced when he was five and his mother remarried when he was eight. He has two younger half siblings and positive relationships with his mother and stepfather. He has had little contact with his biological father, who he describes as having little regard for the law, participating in petty crimes and violence towards others as well as using drugs in front of him and abusing alcohol. He has had little contact with him since the divorce and no contact in the last three years. He was frequently disappointed by his father not turning up for contact visits. 3. At seven years of age, he was diagnosed as possibly suffering from ADHD and prescribed Ritalin, which appeared to be beneficial. At the age of eight, he was described as having at least average potential, although he was approximately one year behind his age in reading and spelling. He was asked to leave high school in Year 8 due to his behaviour, and changed schools before finishing in Year 9 or 10. He commenced an electrical apprenticeship but ceased in his third or fourth year (the varying years are the results of inconsistencies between the psychological and Pre-Sentence Reports). The psychological report indicates that he had a number of labouring jobs when he moved out of home at 18, and there is no mention of ever being employed as a recruitment consultant. The Pre-Sentence Report refers to him having been a recruitment consultant for a period of 18 months until ceasing in about 5 September 2016, and being, as at July 2017, currently registered as a recruitment consultant contractor, but not receiving any jobs. Community Corrections were unable to confirm those statements. 4. He also informed Community Corrections that he was a professional poker player who ceased his employment in about September 2016 because he had won $150,000 in poker tournaments and had savings of $100,000. Inconsistently, there is no mention in the psychological report of gambling or winnings. 5. He is said to have commenced using alcohol and illicit substances, primarily cocaine, from the age of 14. He informed the psychologist but not the pre-sentence officer that at 18, a friend's brother held a gun to his head in his own apartment, then held the gun to his friend's head and proceeded to shoot him in the head, and that the offender then held his friend in his arms and watched him "bleed out" on his apartment floor. 6. The Prosecution investigated this claim and without objection stated from the bar table that it in fact related to a game of Russian roulette involving Adele and Jamell Pearce at an Ettalong Motel, and that the injured brother did not "bleed out". 7. There is reason to believe that the offender is not a reliable historian and exaggerates to gain sympathy. 8. The psychological report of Christine Webster indicates in relation to the Self-Administered Personality Assessment Inventory and the offender's "response style" according to the validity scale that "certain of these indicators fall outside the normal range, suggesting Lecx Purdie may not have answered in a completely forthright manner; the nature of his responses might lead the evaluator to form a somewhat inaccurate impression of the client" - the Negative Input Scale "contains items that present an exaggerated unfavourable impression or represent unlikely symptoms. With respect to negative impression management, there are indications that Lecx Purdie tended to endorse items that present an unfavourable impression or represent extremely bizarre and unlikely symptoms". This result suggests that the profile bullet below may exaggerate compliance and problems…." 9. Further; "Lecx Purdie described significant problems frequently associated with aspects of a manic episode at a level of severity that is uncommon even in clinical samples." 1. In addition, his Trauma Symptom Inventory, also being a self-report instrument, was assessed as having an "invalid response pattern." While Ms Webster opined that he is suffering from ADHD, antisocial personality disorder, adjustment disorder with mixed anxiety and depressed mood and post-traumatic stress disorders, she states that, "However these need to be assessed more clearly during treatment and a more reliable diagnosis could be produced." 1. While the report indicates that a psychiatric assessment for further diagnostic clarification would be beneficial, no such further assessment has been provided. Ms Webster's report is so littered with statements preceded by the words "may" or "likely", as well as the references to questionable validity that her opinion, whilst it must be taken into account, must be regarded with scepticism. 2. As to his participation and reasons for participating in the offences, the offender informed the psychologist that, "…he knew he was supplying talcum powder and did not have any prohibited drugs in his possession on the night of the 22 March 2016. He stated he was asked by a friend if he could supply drugs…(he) recalled thinking that he could make "some easy money" by participating in the deal however did not have access to prohibited drugs, hence providing talcum powder" … "it was a joke." 1. In regard to supplying talcum powder to the receiver of the substance, "he reported he was not thinking he could be charged with supplying a prohibited drug and as he knew it was not prohibited drugs and did not have any prohibited drugs in his possession." 2. The Pre-Sentence Report records the following: "FINANCIAL The offender could not provide a rational reason for the offences and attributed his behaviour to 'not thinking' and 'joking'. However, it appears that the offence was financially motivated as the offender had obtained the funds in exchange for the white powder believed to be cocaine at the time. COMPANIONS Mr Purdie stated that he had known his co-offenders his whole life, as he had reportedly grown up with them, however, despite this, the offender denied having had any knowledge of his co-offenders' lifestyle or what they were involved in. According to Mr Purdie, since being charged with the above mentioned matters, he has not had any contact with the co-accused. ATTITUDE TO OFFENDING Mr Purdie agreed with the facts when discussing the offence. The offender claimed that it was the first time he had done something like that and claimed that he was 'not a drug dealer', however, Mr Purdie could not provide a valid answer when asked why someone would approach him with a request for the purchase of prohibited substances." 1. The inevitable inference is that he was approached because it was believed by his friends that he could in fact supply cocaine. 2. The offender has a limited history of offending. In 2010 he was convicted of a false statement or misrepresentation on a licence application and in 2011/2012 there were four offences of owner or responsible person not disclose driver's identity. In 2011, there are also two offences of driving while licence suspended, in 2013, drive while disqualified and an offence of drive with novice range PCA. Perhaps more significant offences were in 2012, larceny less than $2,000 and goods suspected of being stolen in 2013. All offences have been dealt with by fine and/or bond. He has never been sentenced to a term of imprisonment, and I do not regard his past criminal offending as having any substantial significance in relation to the sentences to be imposed for these offences. 3. In respect of the others directly involved in the supply of the cocaine on 22 March 2016, Abdul and Matu, it is clear that each believed in the circumstances that the UCO operative was being supplied with a prohibited drug and not a substance that was not prohibited. Obviously Abdul believed that Purdie could source cocaine, and he was trusted to make the delivery to the vicinity of the Kariong service station. 4. Prior to the delivery, Abdul forwarded a BlackBerry text message to the UCO from "thekid13" indicating that the cocaine would come double sealed in vacuum sealed bags. Presumably "thekid13" was in fact Purdie as he claims responsibility for providing the substitute. The substance represented as cocaine was contained in three vacuum sealed 1 ounce lots, further vacuum sealed in another single bag consistent with the message Abdul described from "thekid13". Abdul further described "thekid13" as being his "factory man". 5. Immediately after the supply to the UCO, Matu and Purdie travelled in convoy to a nearby location where Purdie's passenger alighted and went to Matu's vehicle before returning to Purdie's vehicle. Although nothing was observed to be exchanged, it is likely that Matu provided some of the funds received from the UCO to Purdie at this time. So much is implicit in the report that I referred to earlier. 6. Purdie then travelled to 11 Lidden Street, Stanhope Gardens, where on 25 May 2016, police located $39,450 of which $7,000 was identifiable as buy money used on 22 March 2016 for the purchase of the MDMA on 4 March 2016. Purdie declined to attend a police station and be charged or interviewed, as was his right, and was charged by future CAN. 7. Complaint about the cocaine quality had been made by the UCO on 24 March 2016. Abdul indicated that he had had other complaints about quality and would replace the 3 ounces over time. Inevitably complaint must have been made to Purdie by Abdul with a request for a return of any payments or a replacement. 8. Those involved in the drug trade who are "ripped off" or "scammed" to any substantial degree, as here, are generally inclined to violent retribution. Would Purdie have so scammed his friends he had known his whole life and who must have been readily able to locate him? Would he have scammed them in respect of a substantial drug deal where he must in the circumstances have known that they were providing fake cocaine in a substantial quantity for substantial payment to another drug dealer? Was he prepared to see them suffer the possible and perhaps predictable consequences of his deceitful conduct or was he in fact scammed himself and passing on what he believed was in fact cocaine? 9. He did not advance the story of cheating his friends until after he had been charged and after he must have already known of the complaints. If he did scam his friends it was hardly a "joke". The search of the offender's premises did not result in the location of any vacuum sealing equipment with which he might have created the vacuum sealed package. 10. In R v Yaghi [2002] NSWCCA 396 it was said at [16] to [18]: "[16] It is regrettably a fact of life, within the organised drug trade, that 'rip offs' occur, and those who choose to cloak such an endeavour with the appearance of a genuine drug deal, must accept the consequences if their conduct happens to fall within the specific provisions of the Drug Misuse and Trafficking Act. That this is the case is indicated by the decisions of this Court in R v Dessdic and Mazzeo (1987) 34 A Crim R 40, R v Addison (1993) 70 A Crim R 213 and R v Salem NSWCCA 3 October 1997, each of which confirmed that the relevant mens rea was that relating to the agreement or conspiracy to make an offer to supply which would be regarded by the offeree as genuine, rather than an intention to perform it. [17] Part of the reason for that lies in the circumstance that, unlike most cases of fraud or false pretences, the victim of a drug rip off is unlikely to report the matter to police. As a result, subject to any act of violent retribution, which commonly follows such an event, the offender is likely to escape scot-free. [18] There is a significant community interest in not allowing the drug trade to be used as a vehicle for fraudulent activities of this kind, and also in deterring the kind of violent response which such conduct can very readily provoke." 1. In the light of the circumstances of this offending and the content of the reports, I am not able to find that there is any acceptable evidence of genuine remorse and contrition. Although the 3 ounces was not in fact cocaine, it nonetheless remains a serious offence. 2. In respect of the offence of knowingly dealing with the proceeds of crime, there has been no explanation advanced on behalf of the offender, putting aside the $7,000 of recorded buy money, as to how the balance of $32,450 related to crime. In my view, it is reasonable in the circumstances to infer that it related to drug distribution. 3. The offender was 23 years of age at the time of the offences and is now 25. In my view, this being his first major offending, there is at least a reasonable prospect of rehabilitation and that he will not re-offend if he first attends to dealing with his drug problems. SUBJECTIVE MATTERS - LOPETI MATU 1. Tendered on behalf of the offender were; * letter from Mark Mitsos of the Umina Community Group, dated 1 February 2017; * letter from Cara Mitsos, business woman, dated 2 February 2017; * letter from Evan Lawrie of Musicians Making a Difference (MMAD), dated 7 August 2017; * letter from Leon Taylor of LMT Plastering Pty Ltd, dated 8 August 2017; * letter from Sean Grace, Case Manager of YPPI to the Children and Young People's Mental Health, dated 17 March 2016; * letter from Dr A Rix, Medical Officer for the Children and Young Person's Mental Health Service Gosford to the Children and Young Person's Mental Health, dated 19 January 2016; * letter from Dr A Rix, To Whom It May Concern, dated 1 December 2016; * Discharge Summary for 26 May 2016; * affidavit of Ms Veronica Fraser, mother of the offender, dated 30 August 2017; * report of Dr Olav Nielssen, psychiatrist, dated 11 July 2017. 1. In addition, available to the Court are the offender's criminal history, a report from Dr Sathish Dayalan of the Justice Health and Forensic Mental Health Network, dated 25 May 2017, and, lastly, a Pre-Sentence Report of Kathleen McDermott, dated 17 July 2017. Subjective matters are drawn from that material. The offender did not give evidence on sentence. 2. The offender was 20 years of age at the time of the offences and is now 22. He has one previous criminal conviction, being drive vehicle with an illicit drug present in his blood on 20 February 2016 for which he was fined and which can have no adverse effect on sentence in this matter. He has been in custody since his arrest on 25 May 2016 and only in relation to this matter. 3. At the time of the offending he was unemployed and in receipt of a disability pension, unmarried and without children. Prior to his arrest he was residing with his father and a younger brother in Umina. He is the second of his mother's six children with two full brothers and three younger half siblings to different fathers. His father is from Tonga and his mother is of English/Maltese ancestry. He had a relatively stable upbringing devoid of violence, drug or alcohol issues in the domestic situation. His parents separated when he was 3 years of age. He resided with his mother until he was approximately 17 or 18, when he commenced living with his father as a result of his mother becoming homeless for a period. 4. He left school in Year 10 and obtained work as an apprentice gyprocker with LMT Plastering while attending TAFE in respect of the apprenticeship and also to obtain a certificate in sound production. His main hobby is rapping and making music, hence his association with MMAD. 5. It was towards the end of his period of employment by LMT Plastering that he first appeared to have mental health issues. By February 2014, he was presenting with psychotic symptoms (including auditory hallucinations, paranoia and referential delusions). He was prescribed the antipsychotic Olanzapine by the Children's and Young Person's Mental Health Facility of NSW Health. He had previously been trialled on a number of other antipsychotics. Although Olanzapine improved his condition, he was expected to have ongoing symptoms in the medium to long term. His first psychotic episode was in 2014, and by 2016 his diagnosis was a "dual diagnosis" referring to a mutual causality between underlying psychotic tendency and drug misuse. Dr Nielssen estimated his pre-morbid intelligence to be in the normal range and opined that he has chronic partly treatment-resistant schizophrenia and a substance use disorder in remission while in custody. 6. He began smoking cannabis at the age of 13 or 14, according to Dr Nielssen's report, but at 12 years of age according to the Pre-Sentence Report, and continued until his admission to Gosford Hospital at age 19 or 20. In addition to the cannabis, he had also used MDMA and methamphetamine from an early age. He informed Dr Nielssen that, although he ceased using cannabis when admitted to Gosford Hospital, he continued to use other drugs intermittently in the period before his arrest. Contrary to that, he informed the pre-sentence officer that over the twelve months preceding his arrest he was using cannabis and amphetamines on a monthly basis. 7. Dr Nielssen opines that schizophrenia is usually also accompanied by disabling impairment in planning, volition, problem solving and consequential thinking and that this was "probably" a factor in his taking up employment delivering drugs, and that his appreciation of the seriousness of the offences and potential consequences is also "likely" to have been affected by his illness. Dr Nielssen opines that he has reasonable prospects of rehabilitation provided he does not use drugs and adheres to treatment, and engages with a psychiatric rehabilitation team for the long term. 8. I accept that on the evidence the offender is appropriately described as a "runner" or "driver" delivering drugs as directed, collecting the payments and returning them to others. In this respect, it appears that he was not paid some share of any individual sale, but a weekly retainer of $1,000 for any delivery/collection within the week. It is, however, clear that he was aware that he was delivering from time to time large quantities of prohibited drugs and collecting very substantial cash payments for them. That he was taking such substantial risk to himself in those circumstances for a weekly retainer of $1,000 does tend to indicate a certain degree of naiveté and some lack of appreciation of the seriousness of his conduct. 9. In respect of Deployment 4 (87.32 grams cocaine) when he delivered and collected $24,000 cash he warned the UCO to be careful because he had seen police around and in relation to Deployment 5 (1.01 kilograms of MDMA and 28 grams cocaine) he collected $36,000, having messaged the UCO "... Bro, big deal we doing", and on delivery referred to a black shoebox as containing an "occa" (an ounce of cocaine). 10. He was trusted to communicate by encrypted BlackBerry. He was clearly a highly trusted part of a sophisticated drug distribution network, knowing exactly what he was doing. While there may have been some naiveté, his mental health was not causal of his conduct. He participated in four separate supplies to the UCO over a period of one month from 4 March 2016 to 6 April 2016, however, on 4 March 2016 (Deployment 2 to UCO) he stated that this was "... probably my third week" as driver. He informed Dr Nielssen that he quit after eight weeks. 11. I accept that after Deployment 5 on 25 May 2016 he ceased participating in the distribution voluntarily, and subsequently Abdul was using the BlackBerry previously used by the offender. He provided the following explanation to the pre-sentence officer as recorded in her report under the heading "Attitude to Offending": "Mr Matu accepted responsibility for his actions and did not attempt to apportion blame to others for his offending behaviour. However, it is noted that Mr Matu failed to identify the impact of his offending behaviour to the wider community. As outlined above, Mr Matu reported that he became involved in the offence by way of his associates that he met at a local youth group service. While Mr Matu claimed that his co-offender did not specifically tell the offender his engagement was illegal, the offender stated that he 'had an idea' what he was doing. Mr Matu reported that he was not thinking of the consequences when he committed the offences and did not think he would get caught." 1. Clearly in the circumstances Mr Matu was not being frank with the Community Corrections Officer. He clearly understood what he was doing as is evident from the matters that I have previously referred to. 2. Although his referees speak well of him, none appear to be aware of his extensive use of prohibited drugs since the age of 12. I accept that his family remains supportive and there is at least in the material some evidence of remorse. I accept that there is some prospect of rehabilitation if he adheres to treatment in relation to his mental health issues and ceases the use of prohibited drugs, which have an adverse impact on his mental health issues. The Pre-Sentence Report indicates that he is at a low to medium risk of re-offending and I accept that assessment. SUBJECTIVE MATTERS - AZHAR ABDUL 1. Tendered on behalf of the offender were the following; * report of Emma Hubner, psychologist, dated 6 June 2017; * letter of apology of the offender, dated 3 July 2017; * TAFE Statement of Attainment for Courses of "Shift Materials Safely Using Manual Methods" and "Follow Occupational Health and Safety Procedures", dated 18 July 2016; * Justice Health "Remand Addictions" letter of attendance, dated 18 May 2017, as to his attendance on five separate days between 27 March and 11 May 2017 in respect of five separate topics relevant to the programme; * affidavit of Bronwyn Hamilton, mother of the offender, dated 3 July 2017; * letter of Ms Jannet Hamilton, aunt of the offender, dated 19 June 2017; * letter of Ms Helen Gerolimos, family friend, dated 19 June 2017; * letter of Mrs Patricia Wetton OAM, friend of the offender's grandmother, who has not had contact with the offender since 2004, dated 20 June 2017; * letter from Mr Ian Dunstan of Master Building Works P/L, past employer of the offender, dated 29 June 2017; * letter of Mr Mark Jeffrey of Master Quality Shades, employer of the offender at the time of his arrest, dated 29 June 2017. 1. In addition, the Court has available the offender's criminal history. The subjective matters are drawn from that material. The offender did not give evidence on sentence. 2. The offender was 20/21 at the time of the offending and is now 22. He has one previous criminal conviction which was for drive vehicle under the influence of alcohol, which can have no adverse impact on sentence. He was arrested on 25 May 2016 in respect of this matter and has been in custody since that date, and only in respect of this matter. 3. He was born in Sydney, and is the younger of two boys of his parents' union. He was exposed to some domestic violence when his parents were separating when he was ten years of age. He remained living with his mother and brother on the Central Coast until shortly before his arrest when he moved to reside with his grandmother and brother at Mosman. His father has rejected his attempts at contact, subsequent to his parents' separation. 4. He attended school on the Central Coast, but ceased education in Year 10, at which time he commenced a carpentry apprenticeship and attended at Hornsby TAFE. However, after five years he has not completed the course. At 20 he gained employment installing blinds and he commenced with Master Quality Shades on 1 January 2016 and continued in that occupation until his arrest. He has no physical or mental health issues. 5. In his mid to late teens he commenced using alcohol, cannabis, MDMA and cocaine. He claims that by 20 his cocaine habit was such that he had acquired a $50,000 drug debt and was using 3 grams of cocaine daily and MDMA every weekend. He claimed he committed the offences for financial gain to repay his drug debt. I note that this is not a mitigating factor. 6. Ms Hubner administered the Millon Clinical Multiaxial Inventory III and interpreted his personality characteristics to: "... suggest risks that he may continue to suppress negative emotional experiences, externalise maladaptive cognitions and minimise problematic behaviours which could be targeted by psychological intervention." 1. When given the opportunity by Ms Hubner to discuss his current feelings regarding the current problems, he said, "I feel terrible about what it's done to my life" and, "I've lost everything". 2. There is nothing in Ms Hubner's report that indicates remorse, contrition or even acknowledgement of the potential harm of prohibited drugs to the community. Only in his letter to the Court does he take responsibility for his conduct and acknowledge the harm to his family, friends and, more importantly, the community. He indicates a desire to turn his life around and make appropriate law-abiding choices in his future life, however, in this regard it is noted that he was not prepared to give evidence on sentence so that the Court was not able to judge for itself the genuineness of any expression of remorse or contrition. 3. His mother states that in the six months prior to his arrest, he was going to the gym daily, sometimes twice daily and that his body changed shape dramatically, while he became emotionally withdrawn, very short-tempered and at times extremely angry. She states that he has matured in custody, expressed remorse and contrition, as well as acknowledging the seriousness of his actions. Since his arrest, she has become aware that he had been using steroids, but does not appear to be aware of his abuse of prohibited drugs since his mid to late teens. 4. His referees are mainly friends of his mother who express their knowledge of and support for the offender, however, it does not advance the matter to include a reference from the 74 year old Mrs Patricia Wetton OAM who has had no contact with the offender since 2004, that is, since he was approximately 9 years of age. 5. Robert Dunstan and Mark Jeffrey, having each employed the offender, speak highly of the offender's work ethic and character as well as indicating that they would support him in employment in the future. While each is aware he is facing sentence, neither appears to be aware that when employed by them he was using cocaine at least on a regular basis. While working for Mark Jeffrey installing blinds this was said to be 3 grams per day and at a time when his mother noticed the substantial change in his body shape and mood changes. Mark Jeffrey does not appear to be aware that for the majority of the time he employed the offender, the offender was in fact conducting a substantial and sophisticated organised criminal distribution network involving substantial quantities of prohibited drugs provided for substantial payments in cash. No doubt Mr Dunstan and Mr Jeffrey have expressed their genuine opinions, but they appear to be substantially uninformed opinions. 6. In respect of the objective seriousness of the offences and the role of the offender, I note the following relevant matters. Each of the supplies to the UCO was between 26 February 2016 and 25 May 2016, a period of approximately three months, during which there were eight separate supplies negotiated by the offender of a variety of drugs delivered by or at the direction of the offender. The Crown has accumulated a number of supplies on different occasions into single charges by accumulating according to the different prohibited drugs as follows: * MDMA, being in total 6.234 kilograms from Deployments 1, 2, 3, 5, 7 and 8 * MDA, being a total of 1.138 kilograms from Deployments 6, 7 and 8 * Cocaine, being 449.82 grams from Deployments 4, 5, 7 and 8 * Amphetamine, being 27.4 grams from Deployment 8 1. 6.234 kilograms of MDMA is almost twelve and a half times the large commercial quantity threshold of 500 grams. 2. 1.138 kilograms of MDA is more than two times the large commercial quantity threshold of 500 grams. 3. 449.2 grams of cocaine is 50 grams less than two times the commercial quantity and 89 times the indictable quantity. 4. 27.4 grams of amphetamine is five times the indictable quantity and nine times the trafficable quantity. 5. With the exception of Deployment 6, being a free sample of 0.2 grams of MDA, and the 27.4 grams of amphetamine provided as part of Deployment 8, all individual supplies were of significant quantities of one or more prohibited drugs for substantial sums of money. 6. The syndicate used encoded BlackBerry devices to avoid interception. Abdul provided the UCO with one for payment by the UCO of $2,500 to be used to make their arrangements. While Matu also utilised a BlackBerry, eventually it was Abdul that used it on at least 1, 2, 4 and perhaps 25 May 2016 after Matu ceased as the "driver" making deliveries to the UCO. 7. On a number of occasions either Abdul or Saadi referred to each other as "partners". There is no evidence of anyone more senior or in control of the arrangements than Abdul. It is Abdul who acts as the entrepreneurial spruiker who negotiates prices, quantities, offers discounts for bulk or set weekly order commitments. It is Abdul that tries to expand the enterprise by offering drugs not even requested by the UCO, extols the quantity of what can be supplied, and guaranteed to replace, and did replace, the fake cocaine as well as indicating, for the drugs that were supplied, in effect that he was able to supply whatever quantity might be requested. 8. He was always apprised of what was available and when it could be supplied. Whatever role his partner Saadi had, it is clear that Abdul was the entrepreneurial force and prospective empire builder utilising the services of others to make deliveries. His role was clearly not as some subservient or junior partner. 9. In the overall circumstances, the offences are all objectively very serious, even acknowledging that quantity alone is not the touchstone. The plea of guilty in respect of the offence of knowingly direct the activities of a criminal group is an acknowledgement of his senior controlling role. 10. His letter to the Court expressing remorse and contrition and acknowledging the seriousness of his offending is of very little weight, but I will accept that he has expressed remorse and contrition to his mother. I also acknowledge that it is commonly held that just because a male turns 18 he does not necessarily become an adult, and that it is widely believed that many males are not fully mature until their early 20's. However, in this matter the offender was clearly operating as an adult. 11. He has no relevant previous criminal history and I accept in the circumstances, particularly of his age, that there is a reasonable prospect of rehabilitation and a low prospect of re-offending, but that is only if the offender ceases to use prohibited drugs. 12. For the purposes of sentencing I have regard to section 3A of the Crimes (Sentencing Procedure) Act 1999 and the aggravating and mitigating factors outlined in section 21A(2) and (3) of that Act as are present. In sentencing an offender, the sentence must reflect the objective seriousness of the offence, and a sentencing judge must fix a sentence that reflects all of the circumstances of the offence including the need for general deterrence and specific deterrence, and meet the fundamental purpose of punishment, the protection of society. I am satisfied that in respect of each of the offenders that both specific and general deterrence are matters to be taken into account. I am satisfied pursuant to section 5 of the Crimes (Sentencing Procedure) Act, having considered all possible alternatives, that no penalty other than imprisonment is appropriate. I have also taken into account the concepts of parity and totality. 13. I will first indicate the indicative sentences in relation to the individual offenders. 14. First of all, in respect of Mr Purdie and the offence in relation to the supply of more than an indictable quantity of cocaine being 87.32 grams, the indicative sentence is three years' imprisonment. In relation to the offence of knowingly deal with the proceeds of crime, being $39,450, the indicative sentence is three years and six months. 15. Mr Purdie, you are convicted in relation to each of those offences and you are sentenced to a term of imprisonment with a non-parole period of three years to commence from 4 September 2017 when you became bail refused. You will be first eligible for parole on 3 September 2020. The balance of the term is one year and six months giving a total term of imprisonment of four years and six months. The total sentence will expire on 3 March 2022. 16. HIS HONOUR: Is there anyone who needs that repeated? 17. LEGAL REPRESENTATIVES INDICATED IN THE NEGATIVE 18. HIS HONOUR: Mr MATU, in respect of the offence of supply large commercial quantity being 2.417 kilograms of MDMA, the indicative sentence is six years and, as it has a standard non-parole period, I am required to specify the indicative non-parole period, which is four years. 19. In respect of the count of supply indictable quantity, being 115.32 grams of cocaine, the indicative sentence is three years and six months. 20. You are convicted in relation to each of those offences and the term of imprisonment is a non-parole period of four years and six months commencing from the date of your arrest on 26 May 2016. You will be first eligible for parole on 25 November 2020. The balance of term is two years and six months and the total term is therefore seven years, and will expire on 25 May 2023. Mr ASSAM, in respect of the offence of supply large commercial quantity, being 1.03kg MDMA, which has a standard non-parole period, the indicative sentence is a term of five years with a non-parole period of three years. 21. In relation to the offence of supply more than commercial quantity of MDMA, being 221.1 grams, again having a standard non-parole period, the indicative sentence is four years with a non-parole period of two years and six months. 22. In relation to the offence of supply more than indictable quantity, being 27.4 grams of amphetamine, the indicative sentence is two years. 23. In respect of the offence of supply more than a large commercial quantity of MDMA, being 2.515kg, which has a standard non-parole period, the indicative sentence is eight years with an indicative non-parole period of five and a half years. 24. I have also taken into account in relation to that sentence the matter on the Form 1, being the possession of 15ml of testosterone. 25. In relation to the offence of supply more than a commercial quantity of MDA, being 151.95 grams, and having a standard non-parole period, the indicative sentence is three years and six months with a non-parole period of two years. 26. In relation to the offence of supply more than an indictable quantity of cocaine, being 167.6 grams, the indicative sentence is three years. 27. In respect of the final offence of recklessly deal with the proceeds of crime, being $83,725.00, the indicative sentences is four years, six months. 28. You are convicted in relation to each of those offences. 29. You are sentenced in relation to each of those offences to an aggregate sentence. The non-parole period is eight years commencing from the date of your arrest on 25 May 2016. You will be first eligible for parole on 24 May 2024. The balance of term will be three years. The total term is 11 years. The total term will expire on 24 May 2027. 30. Mr ABDUL, in respect of the offence of supply prohibited drug, being more than an indictable quantity of amphetamine, being 27.4 grams, the indicative sentence is 30 months. 31. In respect of the offence of supply more than a large commercial quantity of MDMA, being 6.234 kilograms, which has a standard non-parole period, the indicative sentence is 10 and a half years with a non-parole period of seven and a half years. In giving that indicative sentence I have taken into account the matter contained on the Form 1 of being in possession of 1306 milligrams of testosterone. 32. In respect of the offence of supply more than a commercial quantity of cocaine, being 449.82 grams, and there being a standard non-parole period, the indicative sentence is five years with a three year non-parole period. In respect of the offence of supply large commercial quantity of MDA, being 1.138 kilograms, having a standard non-parole period, the indicative sentence is six years with a four year non-parole period. 33. In respect of the offence of knowingly direct the activities of a criminal group, the indicative sentence is five years. I acknowledge that in this matter, relating to the distribution of prohibited drugs, there is a substantial overlap in sentencing between the individual charges of distributing the drugs and the charge of knowingly direct the activities of a criminal group. 34. You are convicted in relation to each of those offences. 35. The non-parole period of the aggregate sentence will be nine years commencing from the date of your arrest on 25 May 2016. You will be first eligible for parole on 24 May 2025. The balance of term is three years and six months. Accordingly, the total sentence is 12 years and six months with a non-parole period of nine years. The total term will expire on 24 November 2028. 36. In respect of each of the offenders, it will be apparent that I have found, particularly having regard to their respective ages and their drug problems, special circumstances as indicated by both the indicative sentences and the actual term of imprisonment imposed as an aggregate sentence. In each case I have reduced the non-parole period of the actual sentence to provide for a longer period of parole. I note that in respect of Mr Abdul, the balance of term, three years and six months, is in fact six months more than is provided by the regulations for supervision on parole, which provides only for a period of approximately three years, but I have nonetheless provided a small reduction in respect of his non-parole period in the order of four months and 15 days. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 28 February 2019