R v McPhillips

[2006] NSWDC 92

CITATION:	R v McPhillips [2006] NSWDC 92
HEARING DATE(S):	18/8/2006, 20/9/2006
JUDGMENT DATE:	5 October 2006
JUDGMENT OF:	Conlon SC DCJ at 1
DECISION:	See para 39
LEGISLATION CITED:	Drug Misuse and Trafficking Act 1985 ss 25, 25A Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 22
CASES CITED:	R v Clarke (NSWCCA unreported 15 March 1990) R v Sharma (2002) 54 NSWLR 300 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Hoon and Pouoa [2000] NSWCCA 137 R v Smiroldo (2000) 112 A Crim R 47 R v Cheikh and Hoete [2004] NSWCCA 448 R v Petersen (NSWCCA unreported 6 August 1992) R v Way [2004] NSWCCA 131 R v Bimahendali (1999) 109 A Crim R 355
PARTIES:	Regina Jonathan Paul McPhillips
FILE NUMBER(S):	06/41/0150
COUNSEL:	Mr J Peluso (offender)
SOLICITORS:	Mr Y Astar, Mr D Wallace (DPP) Mr M Abboud (Michael Abboud & Co)

JUDGMENT

1 HIS HONOUR: The offender, Jonathan Paul McPhillips, appears for sentence consequent upon his pleading guilty to the following two charges. First, that between 8 March 2005 and 2 April 2005 he did on three or more separate occasions supply a prohibited drug for financial reward, namely 3,4-methylenedioxy-methylamphetamine, the maximum penalty being twenty years imprisonment. Secondly, that between 1 March 2005 and 4 May 2005 he did supply a prohibited drug, namely cannabis, the maximum penalty for that offence being one of imprisonment for ten years.

2 The offender has asked the Court to take into account five further matters on a Form 1 schedule.

3 An agreed statement of facts of some twenty pages in length details the facts and circumstances upon which the Crown relies to support not only the charges on the indictment but also the matters to be taken into account on the Form 1 schedule. Whilst those detailed facts clearly demonstrate the objective seriousness of the present offences I will not repeat them here. However, by way of brief summary on 18 February 2005 the Deputy Commissioner Madden granted police authority to conduct a controlled operation codenamed “Operation Welch”. The warrant was granted for the period 17 February to 17 May 2005.

4 Pursuant to the authority granted, police conducted a number of undercover purchases. Listening device warrants were also obtained in respect of various telephone numbers. Telephone number 0415781232 was the “run” phone used by customers of the syndicate to contact the runners on their shifts. Telephone number 0422085430 was used by Bojan Trkulja, one of the suppliers of cannabis to the offender. Telephone number 0404158531 was used by the offender.

5 Consequently a number of telephone conversations were lawfully intercepted and numerous of them are described in the agreed statement of facts. The offender was one of five runners of the syndicate and according to the facts he was one of the most senior runners.

6 During the period the offender commenced supplying cannabis and MDMA to undercover operatives.

7 In respect to the first charge of ongoing supply (s 25A), the first…