Posts Categorized: Drug Law

Sentence Reduced as Judge Got the Maximum Penalty Wrong

Supreme Law Courts Building

By Paul Gregoire and Ugur Nedim On 10 November 2016, street-level drug dealer Hayden O’Neill introduced his drug supplier Michael O’Neile to a man who was interested in buying some methamphetamine. Unbeknownst to both dealers, the interested buyer was an undercover police operative. Mr O’Neile supplied the police officer with 13.88 grams of ice with… Read more »

Man Acquitted Due to Lack of Evidence of a Joint Criminal Enterprise

Supreme Court's sign

By Paul Gregoire and Ugur Nedim On 20 October 2012, three boxes containing 5,939 grams of methamphetamine arrived in Sydney from the United States. Said to contain clothing, the consignment was received by FedEx International Security and was addressed to a Mr Peter Suca, the operations manager at Esprit Toll in Lidcombe. Two days later… Read more »

Supreme Court Grants Bail to Renowned Medicinal Cannabis Doctor

Medical cannabis oil

By Paul Gregoire and Ugur Nedim The medicinal benefits of cannabis have become widely accepted in Australia. Indeed, the Turnbull government passed legislation in February 2016, which set up a licensing scheme for “the cultivation and production of cannabis and cannabis resin for medicinal and scientific purposes.” However, the establishment of legalised medicinal cannabis has been… Read more »

Sentence for Drug Supply and Proceeds of Crime Amounted to Double Punishment

Supreme law court

By Paul Gregoire and Ugur Nedim After receiving information that one Aaron Edward Hutchinson was involved in the supply of prohibited drugs in the Penrith local area command, police began an investigation in early 2010. An undercover operation was arranged and, in April, Mr Hutchinson supplied an undercover officer with cocaine on three separate occasions…. Read more »

Driver Acquitted Despite Drugs Being Found in Car

Drugs in car

By Paul Gregoire and Ugur Nedim At around 9.30 one morning, NSW police officers were at a flat on Murray Street in Port Macquarie investigating an incident, when the phone rang. An officer answered and told the caller the occupant wasn’t home. The caller rang again two minutes later. This time, the officer recognised the… Read more »

Drug Dealing Does Not Necessarily Warrant Imprisonment

Supreme Court of NSW

By Paul Gregoire and Ugur Nedim Last week, the NSW Court of Criminal Appeal (NSWCCA) determined that a precedent followed by the state’s courts had become a “judicially imposed constraint”. That rule stated that a person convicted of a substantial drug supply must be sentenced to full time imprisonment unless there were ‘exceptional circumstances’. Over… Read more »