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New South Wales |
Case Name: | R v Klingelholler |
Medium Neutral Citation: | [2025] NSWDC 452 |
Hearing Date(s): | 11 August 2025 |
Date of Orders: | 15 August 2025 |
Decision Date: | 15 August 2025 |
Jurisdiction: | Criminal |
Before: | Sutherland SC DCJ |
Decision: | Aggregate sentence of 6 years, with a non-parole period of 4 years, at [90]. |
Catchwords: | SENTENCE – Supply commercial quantity of a prohibited drug – Supply more than indictable, less than commercial quantity of a prohibited drug – Methylamphetamine, heroin, cocaine – Offender travelled from Sydney to Perth – Offender purchased various items to repackage and disguise drugs – Offender posted drugs to Perth from Sydney |
Legislation Cited: | Crimes (Sentencing Procedure) Act 1999 (NSW) s 5 |
Cases Cited: | Chiarlini v R [2023] NSWCCA 227 |
Category: | Sentence |
Parties: | Rex (Crown) |
Representation: | Counsel: |
File Number(s): | 2024/000756614 |
Publication Restriction: | N/A |
JUDGMENT
James Klingelholler appears for sentence in respect of three offences.
Sequence 1 is an offence of supplying more than an indictable but less than a commercial quantity of a prohibited drug, namely 140.6g of cocaine, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW). This carries a maximum penalty of 15 years imprisonment and/or a fine of 2,000 penalty units. The threshold for an indictable quantity of cocaine is 5g, and the threshold for a commercial quantity is 250g.
Sequence 2 is an offence of supplying more than a commercial quantity of a prohibited drug, namely 351.7g of heroin, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). I note that the threshold for a commercial quantity of heroin is 250g and the threshold for a large commercial quantity is 1kg.
Sequence 4 is an offence of supplying more than a commercial quantity of a prohibited drug, namely 543.3g of methylamphetamine, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). I note that the threshold for a commercial quantity of methylamphetamine is 250g and the threshold for a large commercial quantity is 500g. Although the amount in the offender’s possession exceeds the large commercial quantity threshold, the Crown accepted a plea on the basis that the quantity exceeded the commercial quantity and hence carried a lesser maximum penalty.
Both Sequence 2 and 4 carry a maximum penalty of 20 years imprisonment…
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- R v Klingelholler [2025] NSWDC 452
- Case
- [2025] NSWDC 452
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the classification of the supply of drugs. The appellant argued that the quantity of drugs supplied was not commercial, but rather indictable. The court had to weigh various factors, including the total quantity of drugs, the appellant's history of drug use and related offences, and his actions in purchasing items to repackage and disguise the drugs. Additionally, the court considered the appellant's history of drug use, his rehabilitation efforts prior to arrest, and an assault he committed in custody.
The court found that the quantity of drugs supplied was indeed commercial. It held that the appellant had planned and organised the supply, and that the quantity of drugs was substantial. The court also noted the appellant's history of drug use and offending, but found that this did not mitigate the seriousness of the offence. The court determined that an aggregate sentence of six years, with a non-parole period of four years, was appropriate. This reflected the seriousness of the offences, the appellant's history, and the need for general deterrence.
The final orders of the court were that the appellant be sentenced to an aggregate term of imprisonment of six years, with a non-parole period of four years.
Orders
Orders of the court
Aggregate sentence of 6 years, with a non-parole period of 4 years, at [90].
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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