Man charged with Supply Large Commercial Quantity avoids prison.

Supply Large Commercial Quantity of Prohibited Drug charge downgraded and prison avoided for Sydney man caught with a 10 kilograms of methylamphetamine in the boot of his car.

A Sydney man charged with supply large commercial quantity (10 kilograms of methylamphetamine) was represented in court by Sydney criminal lawyer Joseph Correy of Australian Criminal Law Group, who successfully had the charge downgraded to supply an indictable quantity of prohibited drug (being between 5 and 249 grams).

Mr Correy 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. 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 she should sentence Mr Correy’s client 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.  

This is a huge win for the defendant and Australian Criminal Law Group.  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.  The maximum penalty for Supplying an Indictable Quantity is 15 years imprisonment; however, many offenders, charged with this offence, avoid a prison sentence when competently represented.  

Beating Supply Large Commercial Quantity of Prohibited Drug charges

For a person to be guilty of the supplying a large commercial quantity of a prohibited drug, the police must prove beyond reasonable doubt:  

1. 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. 

1. The weight of the drug was a commercial quantity.  

1. The person was aware the drug that they supplied was a commercial quantity.  

In this case the Crown agreed it could not prove Mr Correy’s client was aware the drug that they supplied was a large commercial quantity. 

Case Background 

Late 2019, the defendant and a passenger had been pulled over just north of Byron Bay by police following notifications from the Australian Criminal Intelligence Commission (ACIC) that the vehicle was suspected to be couriering controlled drugs from NSW to QLD.   A police search of the vehicle identified a bag stored in the boot of the vehicle which contained 10 kilograms of methylamphetamine and proceeded to arrest the man.   

In negotiations with the Office of the Director of Public Prosecutions, Mr Correy argued that the defendant was a lowly courier who was unaware he was transporting a large commercial quantity of methylamphetamine.  He observed there was no DNA or fingerprints on the exterior or interior of the bag that linked his client to the drugs, there was no electronic evidence to link his client to the drugs (such as telephone calls or messages), and no witnesses who said he had handled the bag at any time. Further, he emphasized that the bag could just have easily belonged to the passenger in the car. Mr Correy concluded whilst the circumstances were such that it was likely his client knew there were drug in the car, the Crown would not be able to prove beyond reasonable doubt that his clientx was aware of the amount of drugs. The Crown acceded to Mr Correy’s submissions and withdrew the offence of Supply Large Commercial Quantity of Prohibited Drug, replacing it with Supply of an Indictable Quantity.  

Sentencing guidelines for drug offences 

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. 

The maximum prison sentences are as follows;