R v Zhang [2018] NSWDC 481

District Court New South Wales

Medium Neutral Citation: R v Zhang [2018] NSWDC 481 Hearing dates: 27 April 2018 Decision date: 18 May 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found – need for a longer parole period to allow the offender to deal with his drug problem and reintegrate into the community. Form 1 offence (SEQ 2) taken into account on sentence imposed in respect of SEQ 1, below. Sentenced to a term of imprisonment of 7 years and 8 months comprising a NPP of 5 years and 6 months to commence on 14 May 2015 and to expire on 13 November 2020, and a balance of term of 2 years and 2 months commencing on 14 November 2020 and expiring on 13 January 2023. Catchwords: CRIMINAL – sentence – supply prohibited drug, more than large commercial quantity, methylamphetamine – Form 1 matter - knowingly participate in criminal group and direct activities – offender's role - limited assistance - subjective matters Legislation Cited: Drug (Misuse and Trafficking) Act 1985 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v the Queen [2013] HCA 37 R v Thomson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina Zhengyi Zhang Representation: Solicitors: Crown: Mr A Poulos, Defence: Mr M Mantaj, Mr A Faro File Number(s): 2015/144759

Judgment 1. HIS HONOUR: Zhengyi Zhang appears for sentence in respect of an offence of supply prohibited drug, not less than a large commercial quantity, contrary to s 25(2) of the Drug (Misuse and Trafficking) Act 1985. The quantity was 1,996.9 grams of methylamphetamine. The maximum penalty provided for such an offence is life imprisonment and/or 5,000 penalty units. There is an applicable standard non-parole period of 15 years. 2. In addition, when being sentenced in respect of that offence, he asks the Court to take into account a further charge contained on a Form 1, pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. The additional matter is knowingly participate in a criminal group and direct activities. 3. The facts are agreed and are as follows: 4. In December 2014, police attached to the State Crime Command Organised Crime Squad, commenced Strikeforce Sylvia, an investigation into a co-accused, Li Wang, and his involvement in the supply of prohibited drugs. As part of this investigation, authority to conduct a controlled operation was granted and a surveillance device warrant issued in respect of the co-accused Wang. At the time the co-accused resided at premises in Norton Place, Zetland. Wang is the registered owner and user of motor vehicle BSA-64G, a black Mercedes Benz sedan.