R v Afrifa

[2018] NSWDC 507

District Court

New South Wales

Medium Neutral Citation:	R v Afrifa [2018] NSWDC 507
Hearing dates:	8 May 2018
Date of orders:	08 May 2018
Decision date:	08 May 2018
Jurisdiction:	Criminal
Before:	Syme DCJ
Decision:	Sentenced to imprisonment – see parra [32] [33]
Catchwords:	Ongoing supply; Drug addiction; Rehabilitation
Cases Cited:	Parente v R [2017] NSW CCA 284 R v Clark (unrep, 15/3/90, NSWCCA) R v Henry (1999) 46 NSWLR R v Shi [2004] NSWCCA 135 Robertson v R [2017] NSWCCA 2015
Category:	Sentence
Parties:	Director of Public Prosecutions Afrifa
Representation:	Solicitors: Bitcon (Crown); Davis (Offender)
File Number(s):	2017/00244958
Publication restriction:	Nil

sentence

1. Mr Afrifa has pleaded guilty in this Court to two charges. One of supply a prohibited drug on an ongoing basis for which the maximum period is 20 years imprisonment and one count of deal with property the proceeds of crime for which the maximum penalty is three years imprisonment. Mr Afrifa has also asked the Court to take into account related charges on a Form 1 which relate to supply of small quantities of heroin and cannabis and those matters will be taken into account on count 1 the ongoing supply matter. The most serious offence is, of course, the ongoing supply and the deal with property proceeds of crime, the facts in relation to that matter arise out of his involvement with the supply.

2. The facts in relation to the ongoing supply are uncomplicated. The facts disclose that prior to May 2017 it came to the attention (this is para 3 of the facts) that a telephone number referred to in the facts was being utilised to supply prohibited drugs and this phone number belonged to this offender. Thereafter this offender was contacted by an undercover police officer and on three occasions the undercover police office obtained very small quantities of heroin and cannabis from Mr Afrifa for small amounts of money, about $100. These small amounts of supply occurred between early May and the middle of July 2017.

3. I observe in passing that during this time, that is between May 2017 and July 2017 is well after the time that Mr Afrifa in his evidence in Court told the Court that he was attending the Methadone Clinic and obtaining quantities of methadone and that, according to his advice to the Methadone Clinic and his evidence in Court he was using at that stage approximately two caps or a $100 worth of heroin per day himself at that time.

4. After a conversation with the undercover police officer the undercover police officer asked Mr Afrifa if he could obtain larger quantities of the drug. The first time a large quantity of drug, that is 15.8 grams of heroin, was supplied was on 13 July 2017. That amount was supplied with very little notice. On 13 July the request was made and this offender asked the undercover police officer to wait in a car while he went and saw a friend and returned about 30 minutes…