THE CASE:
A Sydney man charged with supply large commercial quantity (22 kilograms of methylamphetamine) was represented in court by Sydney criminal lawyer Steven Mercael, who successfully had the charge downgraded to supply an indictable quantity of prohibited drug.
Mr Mercael successfully argued that whilst the offender was aware there were drugs in the car, he was unaware of the quantity exceeded an indictable and therefore was not guilty of supplying a large commercial quantity of the drug. In order to be found guilty of a state charge of supply the prosecution have to prove he person was aware the drug that they supplied was a large commercial quantity
The sentence was heard in the District Court where the judge imposed an Intensive Correction Order for the offence. The judge agreed with the Defence submissions that he should be sentenced on the basis he was a courier under the belief he was transporting no more than an ounce or two of methylamphetamine in the bag.
MAXIMUM PENALTIES FOR LARGE COMMERCIAL SUPPLY:
Where the matter is relating to a large commercial quantity of prohibited drugs, it must be heard in the District Court and much longer maximum prison sentences apply. The maximum penalty for Supply of a Large Commercial Quantity of Prohibited Drugs is life imprisonment and/or a fine of $550,000, and offenders almost always receive lengthy goal sentences.
LARGE COMMERCIAL SUPPLY – HOW TO SUCCESSFULLY DEFEND THIS CHARGE:
- A person supplied a prohibited drug. Supply includes sell and distribute, agreeing to supply or offering to supply, keeping or having in possession for supply, sending, forwarding, delivering or receiving for supply, or authorizing, directing, causing, suffering, permitting or attempting any of those acts or things.
- The weight of the drug was a large commercial quantity.
- The person was aware the drug that they supplied was a large commercial quantity.
In this case the Crown agreed it could not prove Mr Mercael’s client was aware the drug that they supplied was a large commercial quantity.
QUANTITIES FOR EACH DRUG SUPPLY OFFENCE:
Note, whether the quantity is deemed small, trafficable, indictable, commercial, large commercial or otherwise, is dependent on the type of drug or prohibited plant. maximum imprisonment terms are based on this as outlined below.
Cannabis | Ecstasy | Cocaine | Amphetamines | Heroin | |
Small Qty | 30g | 0.25g | 1g | 1g | 1g |
Indictable Qty | 1kg | 1.25g | 5g | 5g | 5g |
Commercial Qty | 25Kg | 0.125g | 250g | 250g | 250g |
Large Commercial Qty |
100kg | 0.5kg | 1kg | 1kg | 1kg |
THE MAXIMUM SENTENCES ARE AS FOLLOWS:
Quantity | If Local Court | If District Court |
Small Qty
|
2yrs imprisonment and/or $5,500 fine |
15yrs imprisonment and/or $220,000 fine |
Small to Commercial Qty
|
2yrs imprisonment and/or $11,000 fine |
15yrs imprisonment and/or $220,000 fine |
Commercial Qty
|
Cannot be dealt with in Local Court |
20yrs imprisonment and/or $385,000 fine |
Large Commercial Qty
|
Cannot be dealt with in Local Court |
Life imprisonment and/or $550,000 fine |
THE RESULT:
Our client avoided a a jail sentence and was released on an intensive corrections order.
Similarly, in another case, Criminal Lawyers Group represented a man charged with very serious drug supply offences. He avoided a jail sentence and received an Intensive Corrections Order.
WHAT IS AN INTENSIVE CORRECTIONS ORDER? SEE HERE FOR PENALTIES IN NSW.
An intensive corrections order, also referred to as an “ICO”, is an alternative to full time prison.
An ICO is considered a sentence of imprisonment with a criminal conviction where you don’t actually go to prison. You remain in the community with certain conditions. These conditions could include such requirements as community service, curfew and non-association.
GOING TO COURT?
In you are accused of a criminal or traffic offence, call Criminal Lawyers Group anytime on 0424 230 074 for expert advice from a senior criminal lawyer. We will provide an initial free consultation and work out a plan of attack in your case to give you the best change of obtaining the best possible outcome in your case. Contact us today!