R v Khalil; R v Bilson [2019] NSWDC 271

District Court New South Wales

Medium Neutral Citation: R v Khalil; R v Bilson [2019] NSWDC 271 Hearing dates: 11 December 2018;1 March 2019 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: Khalil – A sentence of imprisonment of 4 years, 3 months with a non-parole period of 2 years, 11 months: at [36]. Bilson – A sentence of imprisonment of 3 years with a non-parole period of 2 years: at [36]. Catchwords: SENTENCING – single offence – supply large commercial quantity of a prohibited drug – Form 1 offences – early plea of guilty SENTENCING – two offences – supply prohibited drug - Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Ayache v R [2013] NSWCCA 41 Imbornone v R [2017] NSWCCA 144 Parente v R [2017] NSWCCA 285 R v SY [2003] NSWCCA 291 Scott v R [2010] NSWCCA 103 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)

Belal Khalil (Offender)

Anthony Bilson (Offender) Representation: Mr Dickenson (Crown)

Mr James QC (Offender – Khalil)

Mr McGuiness (Offender – Bilson) File Number(s): 2017/353780; 2017/384808; 2017/371129 Publication restriction: Nil

Judgment 1. Between 30 October 2017 and 7 December 2017 police were monitoring a mobile phone number used by the offender, Belal Kahlil, to arrange the supply of methamphetamine. On some occasions Kahlil would supply the drug by delivering it himself or arranging for the buyer to attend at his home in Belmore and on other occasions he would contact a co‑offender, Alessandra Angeloni, whose case has been adjourned today under s 11 of the Crimes (Sentencing Procedure) Act 1999, and he would arrange for her to supply either delivering the drug or have the buyer attend her home in Croydon Park. One of Khalil and Angeloni's regular customers was the offender, Anthony Bilson. 2. Khalil is 29 years of age and Bilson is 55 years of age and they both appear for sentence today having pleaded guilty in circumstances which entitle them to a 25% discount on a term of imprisonment, it being conceded by both counsel that a term of fulltime custody is required in this case. It is unnecessary for me to consider any alternatives in the exercise of the sentencing process, bearing in mind the provisions of s 3A of the Crimes (Sentencing Procedure) Act 1999. 3. Kahlil pleaded guilty to one count of supply a large commercial quantity, being 561 grams of methamphetamine, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985, which carries a maximum penalty of life imprisonment and a standard non‑parole period of 15 years. To be dealt with on a Form 1, in the way suggested by the Chief Justice in the guideline judgment, are three matters: * a money laundering count in relation to $10,700 cash, which carries a maximum penalty of three years; * a possess 24 grams of cannabis under s 10 of the Drug Misuse and Trafficking Act 1985 which carries a maximum penalty of two years; and * a further s 10 count of possess 2 grams of methylamphetamine. Mr Khalil has been in custody since his arrest on 7 December 2017 and his term of imprisonment will commence on that date.