Result at a Glance
- Charges: Large commercial supply of cocaine (s25 DMTA 1985), proceeds of crime (s193B Crimes Act 1900), and related offences.
- Quantity: 216kg of cocaine. Estimated street value approaching $65 million.
- Cash seized: Approximately $173,000 deemed proceeds of crime.
- Standard Non-Parole Period: 15 years for large commercial supply of cocaine exceeding 1kg (s54D Crimes (Sentencing Procedure) Act 1999, Table item 10).
- Court: Parramatta District Court.
- Outcome: Minimum prison term of 4 years and 3 months, approximately 72% below the standard.
A 12-Month Police Operation. Then Charges Carrying 15 Years as the Starting Point.
Strike Force Erwin ran for twelve months. The NSW State Crime Command and Organised Crime Squad tracked what they described as several distinct criminal syndicates dealing cocaine across Australia's east coast. When the operation ended, police arrested more than five people across locations in Sydney's inner west and western suburbs.
Officers seized over 200kg of cocaine from a single location, along with cash, MDMA, a loaded pistol, hundreds of rounds of ammunition, and money counters. The total estimated street value of the drugs was close to $65 million. The Sydney Morning Herald covered the arrests.
Our client was charged based on 216kg of cocaine, approximately $173,000 in cash deemed proceeds of crime, and other related offences. These weren't possession charges. Large commercial supply of a prohibited drug under s25 of the Drug Misuse and Trafficking Act 1985 is one of the most serious drug offences in NSW. The large commercial quantity threshold for cocaine is 1kg. Our client's matter involved more than 200 times that amount.
The Standard Non-Parole Period (SNPP) for this offence is 15 years. That's the reference point a sentencing judge starts from under s54D of the Crimes (Sentencing Procedure) Act 1999. It's not mandatory, but courts must give reasons for departing from it. In a matter of this scale, with this quantity of drugs and this amount of cash, the prosecution's expectation was clear. A sentence measured in decades, not years.
Fifteen years is not an abstract number. It's your children finishing school, starting careers, and moving out while you're inside. It's a relationship that can't survive a decade of prison visits. It's coming home in your fifties to a world that moved on without you, with a criminal record that makes starting again harder than it already is.
The Prosecution Had the Weight of the Operation Behind It
This was not a street-level drug matter. Strike Force Erwin was a year-long investigation by the Organised Crime Squad targeting what police called key members of a syndicate operating across NSW. The arrests were coordinated. At one location, officers found cocaine hidden in a wardrobe alongside cash and MDMA. At another, they seized a loaded .25 calibre pistol and 300 rounds of ammunition from a unit linked to the syndicate. One suspect was pulled over with 1.1kg of cocaine in the vehicle.
The sheer volume of physical evidence gave the prosecution a strong position. 216kg of cocaine, $173,000 in cash, firearms, and the broader context of an organised operation all pointed toward the upper end of sentencing. All five people arrested in the operation were initially refused bail.
When a judge sees charges of this magnitude, the default trajectory is a long custodial sentence. Departing from a 15-year SNPP by any meaningful margin requires the defence to build a case that genuinely moves the Court.
How We Changed the Outcome
Distinguishing Our Client's Role Within the Operation
Large-scale drug operations involve people at different levels. The prosecution's case framed the operation as a whole, but sentencing requires the Court to assess each person's individual culpability. That distinction matters.
The SNPP is a reference point, not a fixed floor. Under s54B of the Crimes (Sentencing Procedure) Act 1999, courts can depart from the standard where the facts of an individual case justify it. We focused on establishing where our client sat within the structure of the operation and what the evidence actually showed about their specific involvement. The quantity of drugs attributed to the operation as a whole and the quantity relevant to our client's conduct are separate questions at sentencing.
Getting that distinction right was essential. Without it, the sentencing judge would have been left with the prosecution's framing, which treated the full scale of the operation as the measure of our client's culpability.
Building the Sentencing Case
Shifting the Court's assessment of culpability was the first piece. The second was giving the judge a credible basis to impose a sentence well below the standard.
We prepared detailed submissions addressing the subjective factors that carry weight at sentencing: our client's background, personal circumstances, prospects of rehabilitation, and any matters that could properly mitigate the sentence. In a multi-charge matter where sentences can be served concurrently or consecutively, the structure of the overall sentence also required careful argument.
The combination of these factors had to be strong enough that the Court could justify departing from a 15-year SNPP by more than a decade. That's not a small ask. A judge who imposes a sentence that far below the standard needs clear reasons on the record, and the defence submissions had to provide them.
The Result
The Court imposed a minimum prison term of 4 years and 3 months. Against a Standard Non-Parole Period of 15 years, that represents a reduction of approximately 72%.
The sentencing outcome was exceptional considering the extensive scope of the operation and the quantity of drugs and money involved. In matters where police seize 216kg of cocaine and nearly $65 million in estimated street value, sentences at or above the SNPP are common. A minimum term of 4 years and 3 months sits well below what most people charged in an operation of this scale would expect.
Facing Serious Drug Charges in NSW?
The gap between what the prosecution asks for and what the Court imposes depends on the work done before sentencing. In this case, the difference was more than a decade. That came from properly identifying our client's role, preparing the right material for the judge, and making targeted submissions on every factor that could reduce the sentence.
If you or someone close to you has been charged with commercial drug supply, large commercial supply, or proceeds of crime offences, the quality of the defence preparation determines the range of outcomes available to the Court. Call JBP Law on 1800 527 529 or book a case review to find out where you stand. We're based in Parramatta and defend serious drug matters across NSW.
This case study is provided for general information only and does not constitute legal advice. Each criminal matter depends on its own facts, evidence, and personal circumstances. Past outcomes are not indicative of future results.
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