R v Zhang, S [2017] NSWDC 455

District Court New South Wales

Medium Neutral Citation: R v Zhang, S [2017] NSWDC 455 Hearing dates: 19 June 2017 Decision date: 23 June 2017 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matter taken into account on sentence. The offender is sentenced to a term of imprisonment for 9 years, comprising of a NPP of 6 years and 9 months to commence on 3/10/15 and to expire on 2/7/22, and a balance of term of 2 years and 3 months to commence on 3/7/22 and to expire on 2/10/24. Catchwords: CRIMINAL – sentence - knowingly take part in the supply of a large commercial quantity of a prohibited drug, methylamphetamine – Form 1 matter - knowingly participate in a criminal group directing any of the activity – role of offender - offence committed whilst on parole - subjective matters Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Cases Cited: Callaghan v R [2006] NSWCCA 58 R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v McVeety [2002] NSWCCA 344 R v Moffatt [1990] 20 NSWLR 114 Category: Sentence Parties: Regina Si Ji Zhang Representation: Solicitors: Crown: Mr A Poulos; Mr M Dickenson Defence: Mr M Ainsworth File Number(s): 2015/00144758

Judgment 1. HIS HONOUR: Si Ji Zhang appears for sentence in respect of a single offence of knowingly take part in the supply of a large commercial quantity of a prohibited drug, being 1,996.9 gr of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The maximum penalty provided is life imprisonment and/or 5000 penalty units. The legislation also provides a standard non-parole period of 15 years. 2. In addition he asks that when being sentenced for that offence that the Court take into account an offence contained on a Form 1 pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. That offence is knowingly participate in a criminal group directing any of the activity, contrary to s 93T(1A) of the Crimes Act 1900. When dealt with separately the maximum penalty provided is 10 years' imprisonment. 3. The facts are agreed and are as follows: 4. In December 2014, police attached to the State Crime Command Organised Crime Squad commenced Strike Force Sylvia, an investigation into the co-offender Li Wang and his involvement in the supply of prohibited drugs. As part of this investigation an authority to conduct a controlled operation was granted and a surveillance device warrant issued in respect of this offender. At the time the offender resided at 961/3 Naulty Place, Zetland. Li Wang is the registered owner and user of motor vehicle BSA-64G, a black Mercedes Benz sedan.