SUPREME COURT OF QUEENSLAND
CITATION:
R v Hill [2020] QSC 309
PARTIES:
R
v
HILL, Ryan Henry
(defendant)
FILE NO/S:
Indictment No 97 of 2019
DIVISION:
Trial Division
PROCEEDING:
Trial (Judge alone)
ORIGINATING COURT:
Supreme Court of Queensland at Cairns
DELIVERED ON:
2 October 2020
DELIVERED AT:
Cairns
HEARING DATE:
21, 22 September 2020
JUDGE:
Applegarth J
VERDICT:
Count 1 – Trafficking in dangerous drugs with circumstance of aggravation (serious organised crime): Not Guilty.
Count 1 – Trafficking in dangerous drugs: Guilty, as per plea and admissions.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – DRUG OFFENCES – PROCEDURE – AGGRAVATING CIRCUMSTANCES – where the defendant was charged on indictment with trafficking in dangerous drugs with a serious organised crime circumstance of aggravation – where the defendant pleaded guilty to trafficking simpliciter but not guilty to the offence with the circumstance of aggravation – where the prosecution alleged that the defendant, his supplier and his supplier’s employee comprised a “criminal organisation” within the meaning of that term in s 161O of the Penalties and Sentences Act 1992 (Qld) – where the defendant obtained drugs from a supplier who did not control or direct the defendant’s trafficking business or share in its profit – where the relationship between the supplier and the defendant was essentially one of buyer and seller – whether the prosecution has proven beyond reasonable doubt that the defendant and his supplier (together with each’s respective employee) were a “group” – whether the defendant is guilty of the offence with the serious organised crime circumstance of aggravation
Acts Interpretation Act 1954 (Qld), s 14A, s 14B
Penalties and Sentences Act 1992 (Qld), s 161O, s 161P, s 161Q, s161R
Beckwith v The Queen (1976) 135 CLR 569; [1976] HCA 55, cited
R v A2; R v Magennis; R v Vaziri (2019) 373 ALR 214; [2019] HCA 35, citedR v Hilton [2020] QSCPR 2, considered
R v Hill [2020] QSCPR 14, cited
R v Pentland [2020] QSC 231, cited
R v Stasiak and Turkyilmaz (2019) 2 QR 533; [2019] QSC 260, citedCOUNSEL: N W Crane for the Crown
A J Glynn QC, with D James, for the defendant
SOLICITORS: Office of the Director of Public Prosecutions (Queensland) for the Crown
Philip Bovey and Company for the defendant
Between 1 March 2016 and 3 January 2018, the defendant (“Hill”) carried on the business of unlawfully trafficking in dangerous drugs. He admits this and pleaded guilty to that offence. However, he pleaded not guilty to the circumstance of aggravation alleged in count 1 of the indictment.
It alleges that:
(a)he and certain others were participants in a “criminal organisation”; and
(b)he “knew, or ought reasonably to have known, the offence was being committed in association with 1 or more persons who were, at the time the offence was being committed, or at any time during the commission of the offence, participants in a criminal organisation.”
The issue for my determination in…
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- AGLC
- R v Hill [2020] QSC 309
- Case
- [2020] QSC 309
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the prosecution proved beyond reasonable doubt that Hill, his supplier, and the supplier’s employee constituted a "group" and whether Hill was guilty of the offence with the serious organised crime circumstance of aggravation. The court examined the nature of the relationship between Hill and his supplier, focusing on whether it was merely a buyer-seller relationship or indicative of a more organised criminal structure.
In its reasoning, the court noted that while Hill’s supplier, Kanj, provided him with drugs, there was no evidence that Kanj controlled or directed Hill’s trafficking business or shared in its profits. The relationship was essentially transactional, with Hill purchasing drugs from Kanj without any shared control or profit-sharing arrangement. The court also highlighted the absence of evidence that Kanj was involved in activities beyond supplying drugs to Hill. Consequently, the court found that the prosecution failed to establish that Hill, his supplier, and the supplier’s employee formed a "criminal organisation" under the statutory definition.
The court acquitted Hill of the offence with the aggravating circumstance of serious organised crime, upholding his plea of not guilty to that charge. The conviction for trafficking in dangerous drugs remained.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Hill said that during the period that Australia Post was used until June 2017 he was making a profit of $1,000 to $2,000 on each ounce he was selling. The profit depended on the prices that he could charge. He was acquiring drugs for around $6,500 to $7,000 and selling for $8,500 to $9,000 per ounce. Hill explained how the parcels were delivered. They were cryovaced and placed in a box which was then placed inside an Express Post satchel and the parcels would be tracked according to the number that came to them through the encrypted phone.The police operation Hill and others were identified as participating in drug trafficking. An operation was commenced which identified, amongst others, Hill, Wilson, Hilton, Dharan and Payet. Detective Sergeant Michael Vincent of the Major and Organised Crime Squad was the lead investigator. In addition to being a member of the Queensland Police Service, Detective Sergeant Vincent is a special member of the Australian Federal Police and he was conducting the AFP’s investigation of the operation which branched out into different States and Territories. The investigation suggested that Kanj was involved in the importation of drugs but this was never confirmed. The fact that he was close to an importer, if not an importer, was an inference drawn by Detective Sergeant Vincent based on the price that Hill was paying for methamphetamine. As noted, Kanj supplied other drugs to Hill. It was not until the close of the operation when a search warrant was executed at Dharan’s residence that the police identified that Kanj was also involved in supplying steroids to a variety of people and to a variety of locations within Australia. However, there is no evidence that he supplied steroids to Hill. As for methamphetamine, the only methamphetamine that the police identified during their investigations sourced by Kanj went to Hill. Detective Sergeant Vincent could not say whether Kanj supplied methylamphetamine to persons in addition to Hill. The police operation closed on 2 January 2018 when warrants were issued. Investigations continued during 2018. Police executed a warrant at Kanj’s address in Sydney in September 2018. About five days later he left the country and has not returned. It seems that he took up residence in Lebanon at some stage. His family left Australia in October 2018 and have not returned, except for the sale of a house in November 2018.The Sydney offenders Hill’s 30 August 2019 police record of interview and evidence he gave in this Court during an application for leave to set aside a plea explained the process by which he received drugs from Kanj and sent money to Kanj in payment, either through the Australia Post network or via the Toll network. Most of the evidence concerning Kanj’s drug business comes from Dharan. In 2016 Dharan was living in Smithfield, Sydney with his parents, and was making a living driving buses. He met Kanj through a friend. Dharan started working for Kanj in Kanj’s drug business in mid-2016. In respect of the supplies to Cairns which are the subject of the present charges (and to which Dharan pleaded guilty on 9 October 2019), Dharan would obtain a message on a BlackBerry phone which Kanj had supplied to him. The message would show the type of drug, the amount and the address to which to send it. Having received the message, Dharan would then go to Kanj’s warehouse to obtain the drugs. He would weigh the drugs and take them back to his house and vacuum-seal them. He would then place the drugs in an Australia Post box which would then be put inside an Express Post satchel. He would put in a maximum of 300 grams per satchel. He would address the parcel and send packages to Cairns three or four times a week. Depending on quantities, he would send more than one Australia Post package on the one day.