DPP v Cheng [2023] VCC 2151

Sentence: Convicted and sentenced to 11 years and four months imprisonment with a non-parole period of eight years and three months imprisonment.

1. Yong Seng Cheng, on 16 October 2023 at the County Court of Victoria sitting at Melbourne, you pleaded guilty to the following charges on Indictment No. N11095497:

Charge 1, traffick in a drug of dependence in not less than a large commercial quantity. The drug was heroin. This charge has a maximum penalty of life imprisonment. This charge is also the subject of the standard sentencing provisions of the Sentencing Act. The standard sentence applicable to that charge is 16 years' imprisonment. It is also a Category 1 offence under the Sentencing Act.

Charge 2, possession of a drug of dependence, which was methylamphetamine, the relevant maximum penalty in the circumstances of your case is one year imprisonment.

1. You have no prior criminal history. You have spent 511 days in pre-sentence detention.

1. The prosecutor tendered an Amended Prosecution Opening for Plea Hearing dated 16 October. It was Exhibit "A" and is attached to these reasons for sentence. The prosecutor read the opening into the record of the court. I will summarise your involvement in this offending.

1. You were a member of a drug distribution operation conducted by your co-accused Teoh and Lang. Teoh was the main salesman and distribution manager. Lang was the main warehouse manager and storer of the drugs. The drug was heroin mainly.

1. You took instructions and orders from Teoh. In the telephone intercepts you were referred to as "Shen", "Ah Sheng", "Fat Boy" or "Younger Brother". You drove a black Lexus and acted as a dedicated driver or courier for Teoh and Lang. You were regularly tasked by Teoh to deliver drugs, collect the money from the customers, collecting drugs from safe houses and assisting Lang with

the preparation of drugs for sale. You on occasion would act as a personal driver for Teoh.

1. You would retain ounce quantities of heroin to supply customers who required it at short notice, which included Ong, to whom you made numerous deliveries. I note that Ong is the son of Tran, the co-accused in this case.

1. The prosecution has accepted a plea by you to trafficking a large commercial quantity of heroin based on an intention to traffic 6.3347 kilograms of heroin, which is 8.4 times a large commercial quantity, in circumstances where the prosecution does not allege that you had knowledge of, and hence intention to trafficking, the specific weight of the product sold in respect of those transactions.

1. Between 30 March 2022 and 31 May 2022, you were involved in 41 of the 43 transactions that were conducted and set out in the prosecution summary. Your role was as a trusted person by Teoh and Lang in the conduct of their drug distribution syndicate. You delivered significant amounts of heroin on numerous occasions. You collected the cash payments and delivered them predominantly to Teoh. You had access to the safe houses where the drugs were stored by Lang.

1. When the police searched where you lived, which was a rooming house at 221 Princess Avenue, Springvale, they located the following items:

(a) several mobile phones belonging to you;

(b) 167.7 grams of heroin which was at 78 per cent purity;

(c) a commercial cash counting machine;

(d) your black Lexus motor vehicle that the police had observed on numerous occasions in your delivering activities;

(e) 6.8 grams of methylamphetamine, which is the basis for Charge 2 against you.

1. When interviewed by police you denied knowing either Teoh or Lang. You admitted to knowing "Tim", but had never been to his house. You denied any involvement in drug trafficking. You were the loyal servant to the end.

1. You clearly were involved in this criminal activity for financial gain. When you were arrested there were no signs of obvious enrichment, such as a lavish lifestyle, jewellery, or money, et cetera. You owned a Lexus motor vehicle which you purchased for $8,500. Nevertheless, it is commonly the case that ill- gotten gains from criminal activity are easy to hide and difficult to trace and recover.

1. Your counsel on your behalf, conceded your offending was serious. Your culpability is high.

1. You are now 28 years of age. You were born in Penang in Malaysia. You are a Malaysian citizen. Both of your parents are alive and still live in Malaysia. Your father works as a carpenter. Your mother is engaged in home duties and has the care of your 13-year old brother with Down Syndrome. You have two sisters, both of whom live in Singapore. Your older sister is an accountant, and your younger sister works in a factory.

1. You left Malaysia when you were 19 years of age. You initially went to Singapore but then came to Australia on a student visa in 2014/15. You have resided in Australia since then. You have never formally enrolled in any form of study despite being here on a student visa. You had a relationship with a Chinese masseur and now maintain that relationship since you have been here in custody. For the whole time you have lived in Australia you have worked full- time as a plasterer up until the time of your arrest.

1. You told Ms Gina Cidoni, a forensic psychologist, her report being Exhibit "C2", that you commenced using cannabis in 2018 and then methylamphetamine and ketamine. You commenced gambling at the age of 19 and have told Ms Cidoni that you would sometimes lose your whole pay packet at the casino. Ms Cidoni has assessed you as being at a low average range for auditory attention and working memory. Your poor English skills made such an assessment

problematic. In Ms Cidoni's opinion, you suffer from substance use disorder and gambling use disorder. She has also assessed your risk for further offending as medium.

1. You have phone contact with your parents from prison but otherwise no family support here in Australia.

1. The basic purpose for which a court may impose a sentence are just punishment, deterrence, both specific and general, rehabilitation and denunciation of your actions, and the protection of the community. In sentencing you, I must have regard to a range of factors such as the seriousness of your offending, your culpability for it and your personal circumstances.
2. I am required to balance the interests of the community in denouncing your criminal conduct with the interests of the community in seeking to ensure, as far as possible, that you as an offender are rehabilitated and reintegrated into society.

1. I am also required to take into account current sentencing practices in fixing your sentence. That enquiry is directed particularly, but not exclusively, to the kinds of sentences imposed in comparable cases. I have considered the statistics and current sentencing practices, mindful that each case must be considered in light of its own particular circumstances. Many of the cases will be different from yours.

1. The prosecutor submitted that the cases of Al Janabe, Dimovski, Bruce and Jabbour for assistance in determining what the current sentencing practices are. The amount of drugs in large commercial quantities are in respect of your offending. The circumstances of the offending are also different. In each case current sentencing practices is only one of the factors I must take into account when fixing a just sentence for your offending.
2. Of this group of offenders, you were the last to indicate a plea of guilty after extensive negotiations with the prosecution about your role. Your plea was finalised on 18 September 2023.
3. You have pleaded guilty to the charges. I will accept your plea of guilty was indicated an early stage. Your plea also has the utilitarian value of allowing for the orderly and effective administration of justice. There is a certainty of outcome and the resolution of the substantive issues raised by your offending. Your plea also allows for the preservation of the court and police resources to deal with other matters. Your plea vindicates the public confidence in the legal process set up to protect the community. There was no contested committal and there was no trial.

1. Your plea is also a clear acknowledgement by you that you accept your responsibility for the criminal behaviour on this occasion. Your plea also recognises you are willing to facilitate the course of justice in the community and I accept that your plea of guilty to these charges indicates and demonstrates remorse on your part. Your plea is also given at a time when the delay in trial proceedings is still long due to the COVID-19 pandemic. You are entitled to what is described as a Worboyes discount for your plea. It is to be a perceptible amelioration of your sentence.

1. I take into account your personal circumstances when finalising your sentence. Your role in this offending is significant. You are the trusted transporter of drugs and money on behalf of your two principal co-accused, Lang and Teoh. You are involved in this offending for over two months and take part in some 41 transactions over that period. Your direct involvement is some 8.4 times a large commercial quantity for the drug of heroin. Your moral culpability is high.

1. In your case Charge 1 is a standard sentencing offence. The maximum sentence for Charge 1 is life imprisonment. The standard sentence is 16 years' imprisonment. The standard sentence only takes account of the objective factors affecting the relative seriousness of the offence. The maximum sentence and standard sentence are to be taken into account as guideposts in the sentencing process. In section 5B(3)(b) of the Act, Parliament has enacted that standard sentencing provisions are not intended to affect the approach to sentencing known as the instinctive synthesis. Champion J in the case of Brown set out that the standard sentence is not to take the predominant role in sentencing and is just one of the factors to take into account.
2. It follows that the standard sentencing does not assume a dominant role in the determination of your sentence. The standard sentence prescribed by Parliament for the offences is simply one of the relevant factors to which I have to take regard, along with other factors set out in the Sentencing Act. Further, so far as the consideration of current sentencing practices is concerned, the court is required when considering current sentencing practices for a standard sentence offence to only consider sentences previously imposed where the relevant offence was subject to the standard sentencing scheme.

1. I assess your offending as the lower end of the mid-range offending and the ultimate sentence imposed on you reflects that consideration of the standard and maximum penalties for the charge of a large commercial quantity.

1. You are a Malaysian citizen and will be deported from Australia at the completion of your sentence. You have no direct family support here in Australia. You have been in Australia for some seven years prior to your arrest. I accept your poor English language skills and the lack of family support, and the prospect of deportation to Malaysia, will make your time in custody more onerous.

1. The explanation for your offending was that you needed the money for your gambling addiction. There is little evidence to support that submission. I do not accept your gambling problems decrease the level of your moral culpability.
2. Your prospect of rehabilitation is difficult to assess. On the one hand you have no criminal history and were working as a plasterer. At the same time over a two-month period you are an integral part of sophisticated large scale drug distribution syndicate. There is little independent evidence about your life and supports. After serving a lengthy term of imprisonment your prospects are to be assessed as guarded.

1. The only sentence that satisfies the sentencing principles of general and specific deterrence, denunciation of your criminal behaviour, just punishment, protection of the community and your rehabilitation is a substantial term of imprisonment with a fixed non-parole period.

1. Mr Cheng, will you stand, please.
2. On Charge 1, trafficking in a large commercial quantity, you are sentenced to 11 years and three months. That is a base sentence.

1. On Charge 2, possession of drug of dependence, you are convicted and sentenced to three months. I direct that one month of the Charge 2 sentenc e be served cumulatively upon the base sentence in Charge 1. That is a total effective sentence of 11 years and four months. I fix a non-parole period of eight years and three months.

1. You are also declared as a serious drug offender pursuant to s89DI of the

Sentencing Act.

1. But for your plea of guilty I would have sentenced you to 16 years, with a 13 year non-parole period.

1. I declare you have served 511 days pre-sentence detention in respect of your sentence.

1. I have signed the forfeiture order and the disposal order in respect of you.

Solicitor for Public Prosecutions 565 Lonsdale Street

1. Wei Teoh, Jimmy Lang, Khai Mong, Janet Tran, Thang Nguyen, and Yong Cheng are to plead guilty to the following offences:

Life imprisonment and/or Fine of 5000 Penalty Units

Life imprisonment and/or Fine of 5000 Penalty Units

1 A commercial quantity of heroin is not less than 50 grams (pure) or 250 grams (where mixed). DPCSA, Schedule 11, Part 3.

2 Pena lty Unit wa s $181.74 in 2021-2022 fina ncia l yea r.

3 A la rge commercialquantityof heroin is not less than 500 grams (pure) or 750 grams (where mixed). The same thresholds apply to methylamphetamine and, by extension, to a combination of heroin and

4 Pena lty Unit wa s $181.74 in 2021-2022 fina ncia l yea r. $184.92 in

(Because the amount is a "small quantity" (i.e. 50 grams or less), s 73(1)(a)

provides that the maximum penalty is a Fine of 5 Penalty Units if offender satisfies court on

committed for any purpose relating to trafficking in that cannabis.6

Knowingly deal with proceeds of crime ($398,246.30 cash)

Knowingly deal with proceeds of crime (jewellery and gold items valued at

5 Maximum pena lty is 1 yea r imprisonment and/or Fine of 30 Pena lty Units if offender satisfies court on ba lance of probabilities that offence not committed for any purpose rela ting to trafficking in that drug of dependence - DPCSA, s 73(1)(b).

6 The prosecution does not dispute Teoh's cla im that this wa s cannabis for personaluse, hence it is open to the court to find that the lower maximum penalty applies.

luxury handbags valued at $148,350 and three pairs of luxury shoes

Knowingly deal with proceeds of crime ($1,850 cash)

Knowingly deal with proceeds of crime ($19,500 cash)

7 Maximum pena lty is 1 yea r imprisonment and/or Fine of 30 Pena lty Units if offender satisfies court on ba lance of probabilities that offence not committed for any purpose relating to trafficking in that drugof dependence - DPCSA, s 73(1)(b).

8 Pena lty Unit wa s $184.92 in 2022-2023 fina ncia l yea r.

9 Maximum pena lty is 1 yea r imprisonment and/or Fine of 30 Pena lty Units if offender satisfies court on ba lance of probabilities that offence not committed for any purpose relating to trafficking in that drug of dependence - DPCSA, s 73(1)(b).

Life imprisonment and/or Fine of 5000 Penalty Units

1. In 2021, the Victoria Police Major Drug Squad commenced Operation Kingfisher, which was an investigation into large scale drug trafficking in the western suburbs of Melbourne.

1. Teoh was identified as a person of particular interest, and police ultimately obtained a telephone interception warrant for mobile service number 0410 089 553, subscribed in the name of Teoh's girlfriend (Ms Yan), but used by Teoh at all relevant times. Unless otherwise noted, references to phone communications to/from Teoh relate to communications on the "553" number.

1. From 28 March 2022 to 31 May 2022 (when Teoh was arrested), interception of Teoh's communications with his co-offenders, and others (together with related CCTV, surveillance and other evidence which places those communications in context) revealed that Teoh and Lang conducted a substantial ongoing business of drug trafficking. Teoh's primary focus was heroin, and he trafficked at least 14

kilograms of heroin in this period. Teoh also trafficked 800 grams of methylamphetamine in the period.

1. Schedule A to the prosecution opening sets out a total of 43 separate drug transactions that are the subject of charges, based on relevant intercepted communications in the period from 28 March 2022 to 29 May 2022, and other evidence. The transactions mostly relate to heroin.

1. Lang was Teoh's trusted associate and co-principal. In the period from 26 April to 31 May 2022, Lang trafficked at least 14 kilograms of heroin, which includes

4.1 kilograms of heroin (seized by police from a safehouse operated by Lang), which Lang possessed for the purpose of sale.

1. In essence, Teoh and Lang headed a syndicate of predominantly Malaysian nationals, who were selling heroin in "block" form. Each block consisted of 350 grams of heroin compressed into a rectangular packet. The blocks were generally sold in pairs (700 grams) with a corresponding purchase price for a pair, with the cost for a lesser amount extrapolated from the quoted "pair" pricing. They promoted the sale of heroin referred to as "Lion" or "Globe", which was a reference to the logo depicting two lions and globes stamped on the packaging. The product was promoted and sold as two grades of heroin. The superior grade was "168", with minimal impurities. An inferior grade, "175", was named after the number 175 stamped onto the packaging of the blocks. The "175" product generally sold for between $115,000 to $130,000 per pair; the "168" product was generally sold for between $128,000 and $140,000 per pair - with some fluctuations in pricing when product was scarce.

1. Teoh acted in the capacity of a sales manager, actively seeking out customers, dealing with complaints and promoting the product. Teoh had the ability to autonomously negotiate and set prices, arrange distribution, and facilitate the collection of payment.
2. Lang was effectively a production and warehouse manager. He had the responsibility of managing a "safehouse" located at 3 Teague Crescent, Braybrook (safehouse1), which was a modern townhouse with a single garage door. Lang (and his partner, Ms Loh) lived next door, at 5 Teague Crescent, Braybrook, in an almost identical property. Lang also had a second safehouse about 300 metres away at 80 Royal Road, Braybrook (safehouse2), which was another modern townhouse with a single garage door.

1. Lang and Teoh used safehouse1 as a receiving house where Lang arranged for large quantities of sourced heroin to be refined, tested, pressed (using a hydraulic press or hand press), and re-packaged into fresh blocks. This location was also used as an "office" where Teoh, Lang and their associates met, and where cash was counted. Safehouse2 was used to store prepared product, including large quantities of heroin.

11. The intercepted conversations included communications between Lang and Teoh about passing on the proceeds of their business to money remittance facilitators. For example, on 11 May 2022 at 9.04pm, Teoh phoned Lang and requested Lang bring over $42,000, and stated "the person that does exchange rate will come and get a few tens of thousands of dollars later."12

1. Teoh, in his sales role, would utilise "brokers" who would identify potential customers and facilitate the sale of large quantities of heroin.
2. Tran was one such "broker" who used her contacts within the Vietnamese community to arrange for other drug syndicates/traffickers within Victoria and interstate to be supplied with large quantities of heroin by Teoh and Lang. Tran was also referred to as "sister", "elder sister" and "ah jei". Tran's son, Jacky Ong, also

purchased single ounces (andsome half ounces) of heroin from Teoh on a regular basis.

1. Teoh also maintained relationships with several commercial level drug traffickers who would source large quantities of heroin from Teoh/Lang in order to supply their own customers. Mong was one such trafficker, who also acted as a mentor and advisor to Teoh regarding managing drug distribution and sourcing drugs. Mong was also referred to as Sen, Sen Gor, Older Brother or Uncle.

1. One example of Mong's role is revealed in a phone call on 22 April 2022,13 where Teoh discussed with Mong general product supply issues Teoh was experiencing. Teoh asked Mong "do you still have any of those white ones? Is there any way to source just a little? Those 175 and 168." Mong replied that "175" was currently expensive and that the price was currently "14." Teoh asked Mong to enquire if "they" had any stock available and said, "ask if you can bring 20 back." Teoh said if he went up to get it, it would be gone in one go. Mong mentioned Sydney and Teoh offered to send Cheng to collect it from "up there." Mong advised Teoh that it was cheaper "up there." Teoh suggested that even at an expensive price they would have no trouble selling it and making the money back quickly in Melbourne as there was not a lot of stock. Mong stated that he was unsure if the seller was willing to let Teoh take so much back to Melbourne. Teoh stated that if they (the suppliers in Sydney) didn't trust them, they would take five first and then do it again. Mong and Teoh then discussed the other person's business operations and how they (i.e. Teoh and Mong) would gain the trust of the other person in order to purchase product.

1. As detailed below, Mong and Tran were each involved in trafficking quantities of heroin that exceeded the large commercial quantity threshold. However, the prosecution has accepted pleas by each to between dates trafficking of a "commercial quantity" of heroin, in circumstances where the prosecution does

not allege knowledge of (and henceintention to traffick in) the specific weight of the product sold in certain transactions (identified in Schedule A).

1. Working under Teoh's direct control was Yong Seng Cheng. Chen was also referred to as "Shen", "Ah Sheng", "Fat Boy" or "Younger Brother." Cheng drove a black Lexus and acted as a dedicated driver/courier for Teoh and Lang. Cheng was regularly tasked by Teoh with delivering drugs, collecting money from customers, collecting drugs from the safehouses, and assisting Lang with the preparation of drugs for sale. Cheng on occasion would act as a personal driver for Teoh. Cheng would retain ounce quantities of heroin to supply customers who required it at short notice, which included Ong to whom he made numerous deliveries.

1. The prosecution has accepted a plea by Cheng to trafficking a "large commercial quantity" of heroin, based on an intention to traffick 6.3347 kilograms of heroin, in circumstances where the prosecution does not allege knowledge of (and hence intention to traffick in) the specific weight of the product sold in certain transactions (identified in Schedule A).

1. As described further below, on 11 May 2022 Nguyen was intercepted at Beveridge, whilst driving a car en route to Queensland. Police found approximately 2.1 kilograms of heroin (pressed into six 350-gram blocks) hidden inside the centre console, which had been dismantled to accommodate the drugs. The prosecution has accepted Nguyen's plea to a charge of trafficking simpliciter, on the basis that Nguyen was not involved in the concealment of the drugs in the vehicle, and did not have actual knowledge of the drugs onboard. Nevertheless, he was aware of the likelihood that the car he was driving carried a drug that was being trafficked (i.e. an awareness that there was a significant or real chance that his conduct involved trafficking in a drug).

1. The transactions listed in Schedule A to the prosecution opening are described below.

Transaction 1 (28/3/22 - Teoh obtains 280 grams of methylamphetamine for the purpose of on-sale)

a. at 2.29 pm an unknown male (UM1) phoned Teoh, and stated he had arrived at the carpark of the Dainty Sichuan Hot Pot Restaurant in Box Hill, and confirmed that it was "only 10 pieces". Teoh said he would get his girlfriend (Yan) to collect it.14

b. At 2.32pm, Yan left the Teoh/Yan residence and went to the restaurant.15

c. At 2.36pm, Teoh phoned Yan16 and told her the person was at the door and had gone inside (the restaurant); Yan asked Teoh if she was to give the person the money and Teoh confirmed that was correct.

d. At 2.37pm, UM1 phoned Teoh and confirmed "it is done".17

e. At 2.40pm, Yan returned to the Teoh/Yan residence.18

f. At 4.49pm, Teoh phoned Lang.19 Lang asked if Teoh could "arrange 10 cans of water" and asked if the price was the same if the customer took "10." Teoh confirmed it was and that Lang could "take 5" if he wanted. Lang enquired if it was "$2500." Teoh replied that was his (Teoh's) "cost price." Lang said he would offer it to his customer for $3,200 and that they (Teoh and Lang) could make money together. The customer could then on-sell it for "38 to 4", which is why he (Lang) would offer it to the customer at "32." Lang said "Take 10 first and see how it goes first". Teoh said "okay".

1. The prosecution alleges that Teoh purchased 10 ounces (i.e. 280 grams) of methylamphetamine from UM1 for the purpose of on-sale, which Teoh later discussed with Lang.

18 Exhibit 49 CCTV Station Street address Download.

Transaction 2 - (29/3 to 2/4/22 - Teoh sells 1050 grams of heroin)

1. The prosecution alleges that Mong brokered a transaction in which Teoh supplied a "pair" (i.e. two blocks of heroin weighing a total of 700 grams) to Mong's customer. The customer was dissatisfied with the yellow colour, which resulted in Teoh taking back the two blocks, one of which Teoh was able to sell to another customer on the same day. The following day, two blocks of white heroin were provided to Mong's customer as replacement product. The circumstances of the transactions were as follows.

24. On 29 March at 8.53pm, Mong phoned Teoh and asked if Teoh he had "any 175." Teoh confirmed he did and that he could provide it to Mong if he wanted it. Mong stated his customer wanted it the following day and would pay the day after if that was not an issue for Teoh.20

25. On 30 March at 2.59pm, Teoh phoned Cheng and advised that he (Teoh) would talk to him (Mong) about the "one pair" and obtain a delivery address from Mong for Cheng to deliver to. Teoh said Cheng did not need to collect money, as Teoh would do so.21

a. At 4.44pm, Mong phoned Teoh. Teoh asked Mong "has it been ok? Is it all right?" Mong advised "he has just told me that the yellowish stuff was a bit damp because it was kept for too long." Teoh stated "No it was like that originally. It came out like that." Mong then said the customer didn't want it. Mong stated, "the goods have not been inspected. He has only opened one bag to check. Original package. 175. I am worried that they have mixed it with something and it will be a problem. If it is the original, then I will let him/her know and see how it goes."22

b. At 4.46pm, Mong phoned Teoh and advised that "the client do not fucking want the yellow ones" and asked Teoh to "use the white ones to exchange it with them. That should be fine as it is also 175. Exchange it to avoid the fucking trouble. Do you have it? Do you have two packs for exchange?" Mong also stated that the "clients" thought the product was fake and that it may have been mixed with something. Teoh told Mong that the person should use a knife to cut open the other pack and check it first, and if there was still a problem he would change over then.23

c. At 5.49pm, Mong phoned Teoh and advised that "Both packs are yellow. Is there a way to change it?" Teoh queried this, and Mong replied "they have just used a knife to open it and checked it. Yellow. Help him/her change it to white ones. It will be alright to give them the white ones."24

d. At 6.06pm, Mong phoned Teoh and they discussed sending "Younger Brother" (i.e. Cheng) to "take it back now" and "exchange" the product the following day.25

e. At 6.18pm, Mong phoned Teoh. Teoh asked Mong if 9:30 will be ok and Mong agreed.26

f. At 6.26pm, Mong phoned Teoh and instructed Teoh to "wait at the front door at 9:30" 27

g. At 8.43pm, Teoh phoned Cheng. Cheng advised Teoh he had pressed the

bell on the gate, but no one had answered. Teoh told Cheng he would call "brother sen."28

h. At 8.44pm, Teoh phoned Mong and advised that "younger brother" had arrived. Mong replied "has he arrived? You said 9.30". Mong advised "I call him now."29

i. At 8.46pm, Mong phoned Teoh and advised that the person had just left, nobody was home now, but the person will be back in 15 minutes.30

j. At 8.47pm, Teoh phoned Cheng and advised the person would be home in 15 minutes. Cheng said he would wait in the car. Teoh told Cheng to take a photo once he had seen the person and send it through to him.31

k. At 9.02pm, Cheng phoned Teoh and advised that he had already taken pictures and asked Teoh to review them. Teoh asked Cheng "still not yet open?" Cheng replied that the person said he had already cut a tiny bit and had packed it again. Teoh asked if it is similar? Cheng said yes, and then asked Teoh "now what to do next? Or bring it over and give him one piece?"

Teoh instructed Cheng "you take home, then go there. You call me".32

l. At 9.40pm, Cheng phoned Teoh. Teoh provided Cheng with an apartment number, and instructed Cheng that once he had entered, he was to let the person see the item and if they were okay with it, he (Cheng) could leave.33

m. At 9.53pm, Cheng phoned Teoh and advised that the person only purchased "one piece" and that Cheng would bring home the other piece. Teoh agreed.34

a. at 1.21pm, Teoh phoned Mong and proposed "how about some time after 4 o'clock elder brother? Mong agreed and asked Teoh "are there any white one?" Teoh confirmed this and advised Mong that he (Teoh) had cut open the corner to check. Mong stated, "as long as it is white." Mong asked again for the arrival time and Teoh replied "5pm."35

b. At 5.28pm, Mong phoned Teoh and asked "done?". Teoh replied "done", and further confirmed the product had been checked. Mong said "as long as it is white, it is fine."36

Transaction 3 - (4/4/22 - Teoh sells 28 grams of heroin to Ong)

1. At 3.44pm, Ong phoned Teoh37 and asked "do you have one hot?" Teoh confirmed he did. Ong stated he was in Springvale. Teoh asked if it is Ok to let his "boy" go. Ong asked how long it would take and Teoh stated he would call him and then call back. Ong asked, "how much?" and Teoh replied "five three". Ong agreed.
2. At 3.45pm, Teoh spoke to Cheng on the phone,38 and instructed Cheng to take "one piece" to Springvale for "Ah Jei's" son. Cheng confirmed the order was for "one piece", then told Teoh he could be there in seven to eight minutes. Teoh confirmed with Cheng that Cheng was to collect "five thousand three hundred"

c. At 3.57pm, Teoh phoned Ong and advised "yo brother, he has arrived."39

1. The prosecution alleges that "hot" is a reference to heroin, and that Teoh charged Ong $5,300 for an ounce of heroin, which was delivered by Cheng, who collected payment on Teoh's behalf.

Transaction 4 (8/4/22 - Teoh sells 28 grams of heroin to Tran's friend in a deal brokered by Tran)

1. On 8 April 2022:
   1. At 3.14pm, Teoh phoned Tran.40 Tran asked Teoh when he could come over to her place. Teoh said he would check with "him/her" and would call Tran back in five minutes.

b. At 3.16pm, Teoh phoned Cheng, who advised he was with "Lichon". Teoh instructed Cheng to "borrow one piece of twenty eight from him (Lichon) and send it to Ah Jei and collect money from Ah Jei straight away" and to "wrap it nicely".41

c. At 3.17pm, Teoh phoned Tran, who said her friend was complaining. Teoh advised "in ten minutes." Tran confirmed and said, "Yeah. Five, ten minutes. As soon as you can. Thank you."42

1. The prosecution alleges that Teoh sold an ounce (28 grams) of heroin to Tran's friend, which Cheng delivered to Tran's address.

Transaction 5 (18/4/22 - Teoh agrees to sell 168 grams of heroin to Ong)

32. On 18 April, at 4.06pm, Ong phoned Teoh and asked if he had "hot." Teoh confirmed he did. Ong told Teoh he had someone who "wants to buy six." Ong told Teoh he had to deliver it but he (Ong) only had 12,000. Ong asked Teoh if he would accept that amount and payment for the rest after the drop off. Teoh agreed on the proviso the rest was paid later that night. Teoh then confirmed with Ong "six bags." Teoh told Ong it would cost the same, being "Six times 5,300. 31,8." Ong replied he thought it was "5." Teoh said he could make it "five-two for you" and explained "outside is very dry." Ong agreed and said he would need it soon and would ring back once he had spoken with the person.43

1. The prosecution alleges that in this conversation, Teoh agreed to sell Ong 168 grams (6 ounces) of heroin for $31,200 with an initial downpayment of $12,000.

Transaction 6 (18-19/4/22 - Teoh sells 28 grams of heroin)

1. The prosecution alleges that between 18 and 19 April 2022, Tran brokered a drug transaction between Teoh and a woman in Braybrook for the sale of 28 grams of heroin for $5,500. The heroin was supplied by Teoh and delivered by Cheng. The transaction occurred as follows.

a. At 3.05pm, Tran phoned Teoh and advised she had a friend near Braybrook who wanted to buy "1 hour" and asked Teoh how much. Teoh stated "6,000." Tran replied that it was too expensive and that the woman "will go for an hour and take a look. If it is good, she will go for one day. Do you understand?" Tran asked for better price. Teoh said the price he offered her was the most special price he could do. Tran said she told the woman that it would cost $5,500 and that the woman was in her 60s. Teoh agreed to the lower price. Tran said she would call the women and callback if anything.44

1. At 3.12pm, Tran sent an SMS message to Teoh which read: "0435034225 Chi van". At 3.14pm, Tran phoned Teoh to confirm she had sent him the contact details of "Sister Van".45 [The prosecution refers to the "225" mobile number as the "Sister Van mobile number" hereafter]

1. On 19 April:
   1. at 1.46pm, the Sister Van mobile number sent an SMS message to Teoh which read: "6 winjell ct braybrook vic 3019"46
   2. At 2.45pm, Cheng phoned Teoh and asked "is that six? I didn't see anyone coming out." Teoh said he would call them.47

c. At 2.45pm, Teoh phoned the Sister Van mobile number and asked the

woman to open the door as his "boy" was outside.48

1. At 2.49pm, Cheng phoned Teoh and confirmed that he had just collected 5,500 from the woman.49

Transaction 7 (Teoh offered to sell 500 grams of methylamphetamine to an unknown person at Braybrook)

1. Between 17 and 20 April 2022, Teoh negotiated the sourcing of methylamphetamine (referred to as "green tea" because of the type of packaging)

46 D05515-00 CSN 4461 & Exhibit 359 TEOH MB1 download

and ultimately obtained a different type of methylamphetamine, which Teoh offered to sell to a person at Braybrook for $95,000, but which was rejected.

a. At 3.17am, Mong phoned Teoh and said "Just asking to see if you have any green tea?" Teoh said he didn't have any. Mong advised that a person had just come to see him. Mong asked Teoh if he could try and find it. Teoh said he would try the next day.50

b. At 2.47pm, Mong phoned Teoh and asked if he had "found it." Teoh said he hadn't and advised there was something else but that it wasn't "tea" and was "not good". Mong advised the person needed "tea" and that they were willing to pay, "one eight zero." Mong and Teoh discussed another product that was available but that it had been poorly mixed by an unknown party, and that the person who had contacted Mong specifically requested "tea leaves." Mong advised Teoh to "let it be" and that it was too much of a headache and wasn't worth the trouble.51

a. At 10.09 pm Mong phoned Teoh and said "Disregard him/her. I said one nine, he/she did not want it." Mong advised Teoh the person had said it was "high". Mong told Teoh to give it to his (Teoh's) friend or someone else.52

b. At 11.09pm, Mong phoned Teoh to advise that the person does want it now.53

c. At 11.12pm, Mong phoned Teoh and they discussed an address in Maidstone/Braybrook, "number 6". Teoh asked Mong when "he/she" wanted "it" and Mong replied, "tomorrow." Teoh said he would ask his younger brother. Teoh and Mong agreed on a time of 7 o'clock the following day at "Dai Dai's house" at "Number 6 Braybrook"54

d. At 11.17pm, Mong phoned Teoh and advised that 7 o'clock was okay. Teoh confirmed he (Teoh) had the address. Mong said "take the ice back" and "go in and have a look. Collect the water. Charge 95."55

a. At 4.53pm, Teoh phoned Cheng and asked if Cheng was ready to go and that he needed to be there at 7 o'clock. Cheng confirmed that he was on his way now.56

1. At 6.26pm, Teoh phoned Cheng. Cheng confirmed that he had arrived. Teoh asked Cheng to press the bell as the person was at home. Teoh told Cheng "must ask him/her to try on the spot instantly. You say to him/her that is what uncle told us. If he/she finds it ok, buy. If not, take back. If there is anything, inform me." Cheng told Teoh that the "lady doesn't smoke/use".

Teoh said that it didn't matter as they needed to decide straight away.57

c. At 6.37pm, Teoh phoned Cheng and asked "already done or not?" Cheng advised that the person didn't want it due to the size being too small and that they wanted big size. Teoh requested Cheng to bring it back.58

d. At 7.30pm, Mong phoned Teoh. Teoh advised that the person didn't want it, as it was too small. Mong said "Fuck it. Just fucking leave it." Teoh replied, "Good. Okay." 59

Transaction 8 (21/4/22 - Teoh sells 28 grams of heroin to "AhLiuh")

41. On 21 April 2022 at 10.31am, Cheng phoned Teoh. Teoh's phone was answered by Ms Kong. Cheng advised that "AhLiuh" wanted "one." Teoh (in the background) instructed Cheng (via Kong) to get the money from him. Cheng asked how much and Teoh replied (via Kong) "5,300."60

Transaction 9 (22-23/4/22 - Teoh sells 28 grams of heroin to Ong)

42. On 22 April at 5.35pm, Ong phoned Teoh and asked if there was any chance he could get any "hot." Teoh stated he could get it from a friend but it was expensive. Ong asked how much, and Teoh replied "six-three." Teoh said that everywhere was "dry." Ong said he would call back.61

a. at 6.32pm, Teoh phoned Ong. Ong asked Teoh if "the hot, is it still the same price?" Teoh replied "five-five." Ong asked if it's "the white one." Teoh said "nuh." Ong said he would call back.62

b. At 6.45pm, Ong phoned Teoh and asked "what time?", to which Teoh replied "10:30".63

c. At 8.35pm, Teoh phoned Ong and asked him to send the address.64

d. At 8.35pm, Ong texted Teoh "Burns Street Clayton South"65

e. Between 8.53pm and 9.06pm, Teoh had a series of phone conversations with Ong and Cheng respectively, about Ong and Cheng not being able to locate one another;66

f. At 9.16pm, Cheng phoned Teoh and confirmed that Ong had paid "short of ninety dollars" because he had no more money. Cheng said that he (Ong) transferred $500 by bank transfer and that Cheng was able to see there was no more money in his bank account. Cheng said "$90 short. I have counted on the spot." Teoh said "Ok, fine."67

Transactions 10 and 11 (Teoh, Lang and Cheng traffick multiple blocks of heroin in a deal brokered by Tran)

1. Between 3 April 2022 and 26 April 2022, Tran brokered the sale of eight blocks of heroin (weighing 2.8 kilograms) by Teoh to unknown Queensland entities. The

66 D05515-00 CSN 5107; 5109; 5111; 5114; 5119; 5121; 5123; 5125.

8 blocks were prepared and, on 26 April delivered to a house at Reservoir where the Queensland entities took 6 blocks.

1. On the same day, in a further dealbrokered by Tran, Teoh supplied a further block of heroin (350 grams) to a man called Long Hair. Tran received sales commission from these transactions.

1. The background to these transactions is as follows.

1. at 6.15pm, Tran phoned Teoh68 and told him that her friend from Brisbane would be "coming down next Tuesday." Tran told Teoh that the friend "Does not want one seven five. You must make sure it is good/pretty. But don't give him/her one seven five." Tran asked "How much will you charge him/her?" Teoh told Tran that the price had gone up, but "I will give him/her one one five." Tran said she would tell her friend and call back.

b. At 6.18pm, Tran phoned Teoh again and said her friend wanted Teoh to guarantee that it wasn't going to be "One seven five" and that it had to be "pretty/good." Teoh agreed. Tran said that her friend would call one or two days before coming down, and Tran would then call Teoh.69

1. The prosecution alleges that Tran had contacted Teoh to obtain pricing for blocks of heroin for a friend in Queensland, and that Teoh told Tran he could sell for

$115,000 for a pair.

49. On 10 April at 1.49pm, Tran advised Teoh that her friend from Queensland who was due to come down on the Tuesday was now sick with Covid. 70

50. On 17 April 2022:

a. at 2.44pm, Tran phoned Teoh and advised that her friend in Queensland had recovered from illness and would be coming down within the week. Tran advised that her friend "does not want rent the property one seven five. He/she is happy with any property. You guarantee to him/her that it will be good." Tran asked Teoh what he would charge if her friend purchased "five degree, five people.", as Tran would let her friend know. Teoh stated he would have to ring his "older brother first" and would ring back in 5 minutes.71

b. at 3.45pm, Tran phoned Teoh and said she was waiting to hear from him. Teoh stated "five teams/pairs right? One one five?" Tran replied that she would let the other person know and "it must not be the house/unit number of one seven five" and guarantee that it is good. Teoh confirmed it was and Tran said she would let Teoh know their response.72

c. at 3.47pm, Tran phoned Teoh and advised him that her friends would be there that Sunday at the latest. Most likely within two-three days but they would give Teoh one day's notice. Teoh agreed.73

51. On 20 April 2022, Tran phoned Teoh and advised that her friend from Queensland will arrive on Monday at 4:30 (i.e. 25 April). Tran clarified that her friend wanted four people as she (the friend) would be worried there may not be enough for five people. Teoh agreed. Tran then said "previously three people went, do you remember?" Teoh replied that he remembered, and Tran stated, "now four people are going."74

1. On 22 April 2022:
   1. At 4.03pm, Tran phoned Teoh and advised that the person was coming down on Monday and asked what would happen. Teoh told Tran that she needed to speak to the person and advise them that there was an issue with

the supply. Teoh then told Tran that he had previously kept "it" for the person for too long and Teoh's "older brother" became unhappy about it and gave "it" to someone else. The call broke up.75

b. At 4.40pm, Tran phoned Teoh and asked "don't even have a small amount? It needs to be cancelled?" Teoh replied "I am sourcing it at the moment. I'm sourcing it today....I will try to source it today and let you know tonight."76

c. At 9.27pm, Teoh texted Tran "sister all good for your friend but please tell her 120, because I ask mine [sic] other friend help to take it. Outside is very dry".77 Tran replied by text at 9.34pm stating "OK, I let her no [sic]".

a. At 3.40pm, an unknown male using mobile 0470 519 533 (which is registered in the name of Hoang VU) phoned Teoh and asked if Teoh remembered him, the guy with the "long hair". (The prosecution refers to the man using the "533" number as "Long Hair" hereafter). Long Hair asked Teoh if "any news about party coming up." Teoh confirmed there was and further stated that the "number had risen" as was "too dry." Long Hair said he knew, and was comparing Teoh's number with others. Teoh stated "135." Long Hair asked about colour, and Teoh said "white colour." Long Hair asked if it was "175." Teoh said, "No" and said "175 inside has a dot you know. Always." Long Hair stated he didn't like that one. Teoh said the best he could do was "135." Long Hair asked for a better price, and Teoh said he would cut off "$2" for him.78

1. at 7.50pm, Tran phoned Teoh and advised him that her friend was sick and would rest halfway, she was driving and would arrive Tuesday (i.e. 26 April) around 10 o'clock. Tran then told Teoh that another friend, Long Hair, wanted "one person", and that Long Hair wanted Teoh to charge him "120." Teoh said he couldn't do that as nothing could be sourced. Tran said

there was "lots of 175 available." Teoh explained to Tran that her friend (i.e. Long Hair) didn't want "175."79

a. at 2.45pm, Tran phoned Teoh and advised him that she had given her friend (from Queensland) the wrong price and they were due to arrive at 10. Tran said she quoted "115, instead of 120." As a result, her friend was already half-way there and hadn't brought enough money. Tran asked Teoh if it was okay for her friend to owe $20,000 for "four persons." Teoh said he would give them "three persons instead." Tran complained that she had recently lost $60,000 to $70,000 gambling, and said she would not "guarantee" to take on the debt of $20,000 as she was only making a small amount of money from the deal. Teoh and Tran had a further conversation surrounding the sourcing of heroin and that Teoh had to ask friends to get it as it was 'quite dry' at the time.80

b. at 6.01pm, Teoh phoned Lang and asked if Lang was working on "the four from yesterday". Teoh said he would come over a bit later as he "need to use them tomorrow morning" and that the person would arrive "tomorrow morning."81

a. At 6.50am, Tran texted Teoh "9 stean St reservoir 3073."82 In a series of phone conversations up to 7.32am, Tran and Teoh confirmed the meeting would be at Reservoir, and Tran confirmed her friend could not arrive until 12 o'clock due to traffic.83

1. At 9.01am, Victoria Police surveillance operatives observed Cheng's Lexus on Royal Road, Braybrook a short distance from safehouse2.

1. At 9.05am, surveillance operatives observed Lang talking on a mobile phone standing outside of safehouse1.

1. At 10.45 am, surveillance operatives observed Cheng exit Lang's residence

and walk back to Cheng's Lexus near safehouse 2. A short time later, a vehicle stopped next to Cheng, and a male passenger got out and handed Cheng a black bag. Cheng then drove his Lexus away, and at 10.48am was observed parking in the driveway of safehouse1 and entering safehouse1 carrying the same black bag.

1. At 10.55 am, surveillance operatives observed Cheng and Lang exit safehouse1, both got into Cheng's Lexus, and Cheng drove away.

f. At 11.10am Teoh phoned Tran and advised "right now they are on the way

driving there."84

g. At 11.36am, a car with (Queensland registration 119EA9) entered the driveway at 7 Steane Street, Reservoir.85

1. At 11.55am, Cheng parked his Lexus outside 7 Steane Street, Reservoir
2. At 11.57 am, Cheng and Lang walked into the driveway of 9 Steane Street, with Lang carrying a black bag over his shoulder.

j. At 11.58am, Cheng phoned Teoh. Teoh instructed Cheng that "Ah Mai" (Lang) was to join in the negotiation just in case Cheng didn't know how to negotiate.86

1. At 12.04pm, Lang phoned Teoh and said he was negotiating with the Vietnamese lady (two Vietnamese speaking females can be heard in the background - complaining that the product wasn't the same as previously supplied). Teoh asked Lang if they agreed with the purchase of "three pairs and a half?" A Vietnamese female in background said in English "You just give me three." Lang then said "I will give you three. I will prepare another 40 grand for you." The unknown females agreed.87 At about the time of this conversation, one of the Vietnamese women handed Cheng a green enviro bag. Cheng and the woman then got into the back seat of the Queensland

car whilst Lang stood at the open-door looking in. The other female stood in the front driveway keeping watch. A short time later the green bag was handed out of the car to Lang. Lang then handed Cheng the black bag. At

12.07pm, Cheng and Lang left 9 Steane Street, and walked back to Cheng's Lexus, with Lang carrying the green enviro bag. They drove away. Meanwhile, one of the women opened the boot of the Queensland car, and put gloves on, whilst the other woman took the black bag out of the car and disposed of it in a wheelie bin.

1. At 12.39pm, Cheng parked his Lexus in Station Street, Box Hill. Lang and Cheng exited the vehicle with Cheng carrying the green enviro bag. At 12:48 pm, Cheng (followed by Lang) carried the green enviro bag to Teoh's residence. At 12.59pm, Cheng emerged from Teoh's residence without the green bag.

1. The prosecution alleges that in the above transaction at Reservoir, Lang and Cheng provided 3 pairs of heroin (i.e. 6 blocks) to the Vietnamese woman that had arrived in the Queensland registered car. Lang and Cheng then went to Teoh's residence to deliver the proceeds of sale.

1. In addition to the Reservoir transaction, on 26 April Tran also assisted Teoh to complete a sale of heroin to Long Hair, in the following circumstances:

a. at 11.11am, Tran phoned Teoh and discussed "Long hair", with Teoh agreeing to give Tran "thirty cents" (which he clarified was $3000) for the deal with "Long hair".88

b. At 11.17am, Tran phoned Teoh and advised that Long Hair had called her

and asked if Teoh could go to his home in Fountain Gate. Teoh said no, and agreed with Tran that the meeting would take place at Tran's address.89

1. At 11.25am, Tran phoned Teoh and advised that "he/she" (i.e. Long Hair) has concerns in relation to her home. Tran said he "will go for one vehicle, and not of the two people. Send one person first, and then when everything

is okay, send the other person." Teoh agreed, and Tran said she would let "him/her" (i.e. Long Hair) know.90

1. At 7.30pm, Cheng arrived at Tran's address in his Lexus.
2. At 7.31pm, Cheng phoned Teoh and asked him to call Tran to let her know Cheng had arrived.
3. At 7.32pm, Tran phoned Teoh and advised that Cheng had arrived.

g. At 7.34pm, Tran phoned Teoh again, and Teoh asked if "that person" had paid the "sixty-six and a half." Tran said the person was on the way.91

h. At 7.37pm, Cheng phoned Teoh and advised that the person had only given him "61.5" and that was not correct. Teoh confirmed to Cheng that it was not correct. The person (i.e. Long Hair) then took Cheng's phone and spoke to Teoh directly and suggested the "number was 123." Teoh said "133. How come 123? 133." Teoh reiterated that he had said "135" and then reduced it to "133." Long Hair then asked Teoh "if I do the three, four pairs together, can do 120? the cheaper price." Teoh said "No."92

i. At 7.44pm, Tran phoned Teoh and advised "your younger brother is here." (i.e. Cheng). Tran advised Teoh that the person is taking it with him, and that she will cover the shortfall and pay Teoh back. Teoh was not happy with this but ultimately agreed. They then discussed the money she owed to Teoh and the final amount she owed to Teoh came to $11,500. Teoh confirmed that Tran would receive $1500 commission for the transaction with Long Hair.93

1. At 8.18pm, Cheng parked his Lexus near Teoh's residence in Box Hill. At 8.24pm, Cheng entered the apartment with a white paper bag, and was seen leaving empty handed at 8.31pm.

1. The prosecution alleges that Cheng had delivered to Teoh the proceeds of sale of the first block of heroin (350 grams) sold to Long Hair, namely $61,500 (with Tran to make up the shortfall of $5000). This was the first of the two blocks

(totalling 700 grams) which Teoh had earlier agreed to sell to Long Hair for

$133,000.

Transaction 12 (28/4/22 - Teoh sells 175 grams of heroin to Mong)

1. The prosecution alleges that Teoh sold 175 grams of heroin to Mong, delivered by Cheng, in the following circumstances.

a. at 3.35am, Mong phoned Teoh and asked if he could get "half a piece" for the following day. Teoh confirmed that Mong wanted "half a piece" to which Mong replied, "One and a half piece." Mong asked to meet at 4 pm and Teoh agreed. Mong confirmed the price was "135." Teoh said he had nothing on hand at that time but would make contact early the next day. Mong said he would contact the person and if it was a bit later that would be fine.94

b. At 3.45am, Mong phoned Teoh again, and said "tell him 4.30 tomorrow". Mong said "The white one. That person wants it too." Teoh stated he would "open and check it once I have got it from him/her tomorrow." Mong then confirmed that the meeting would be "where I had a meal with a friend".95

c. At 2.20pm, Lang phoned Teoh. Teoh asked Lang if an associate wanted

"shoes?" Teoh said he had saved some for Lang. Lang enquired how many. Teoh said, "I now have two-pairs, but I should be keeping a pair for myself". Teoh also mentioned that "brother Ang" (Mong) wanted to take a "quarter."96

d. At 2.44pm, Teoh phoned Mong and advised it will be delivered to him (Teoh) at 4 o'clock and that he would cut it and take it over there. Mong asked Teoh to call him when they were almost there.97

e. At 3pm, Cheng arrived at Teoh's apartment empty handed, and left at

3.42pm carrying a plastic bag.98

f. At 4.02pm, Teoh phoned Mong and asked where he was as "he would be there in more than 10 minutes." Mong said he would be at the location in 5 minutes.99

g. At 4.12pm, Cheng's Lexus was seen driving on Lonsdale Street, Melbourne near Mong's address and the Lin NAN family restaurant.100

h. At 4.18pm, Cheng's Lexus was seen driving away from the above location travelling west on Lonsdale Street, Melbourne.101

i. At 7.38pm, Mong phoned Teoh and asked if he was coming out that night. Teoh said "No." Mong said he needed to keep his wife company but if Teoh was going to come out, he (Mong) would "give him some paper."102

Transaction 13 (29/4/22 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 29 April, Teoh sold 28 grams of heroin to Ong for $5,500. The heroin was physically delivered to Ong in Clayton by Cheng. Ong paid for the heroin by transferring the payment into Cheng's bank account.

a. at 6.45pm, Ong phoned Teoh and asked about "hot" and how much for "one." Teoh said, "five and a half." Ong asked to get "one." Teoh agreed but said later as his "boy" was in the city.103

b. At 10.12pm, Teoh phoned Ong and asked "can I see you at 11?" Ong agreed, and said Clayton at "the same place". Teoh advised Ong he (Teoh) would call when he arrived.104

c. At 10.16pm, Teoh sent two texts to Cheng, advising "In the car" and "I am coming now".105

98 Exhibit 49 CCTV Station Street address Download.

d. At 10.54pm, CCTV at Teoh's address showed Teoh arrive carrying a white plastic bag.106

e. At 11.17pm, Teoh texted Ong: "Bro, 3 mins".107

f. At 11.21pm, Teoh phoned Ong and asked if Ong was in the same place and Ong replied that he was. Teoh asked Ong "you coming?" and Ong replied that he was.108

1. At 11.37pm, Cheng phoned Teoh and advised that the person (i.e. Ong) had transferred $5,500 into Cheng's bank account and the money was already in.109

Transaction 14 (29-30/4/22 - Mong brokers Teoh's sale of 350 grams of heroin)

1. The prosecution alleges that between 29 April 2022 and 30 April 2022, Mong brokered the sale by Teoh of 350 grams (one block) of heroin to an unknown entity for $65,000. The heroin was supplied by Teoh and delivered by Cheng. Part payment of $31,000 was collected by Mong and given to Teoh via Cheng. The relevant circumstances were as follows:

a. At 8.50pm, Teoh phoned Mong. Mong stated he still had "half" left and it would be difficult to deliver it that night. Mong asked Teoh if he could give it to another person the following day and count it as "65". Teoh replied, "if you like." Mong asked Teoh to arrange it for 12.30 the following day. Mong offered to give the address to Teoh, but Teoh told Mong to give the address to his "younger brother" (i.e. Cheng).110

b. At 9.04pm, Teoh phoned Cheng and instructed Cheng to get an address from that person (i.e. Mong) to deliver "one piece" at 12.30 the following day.111

106 Exhibit 49 CCTV Station Street address Download

c. At 9.50pm, Mong phoned Teoh, and Teoh confirmed it was for 12.30 the following day.112

a. at 12.14pm, Teoh phoned Cheng and advised that after delivering the "goods" to that person, there was no need to collect money as the person would pay "Sengor" (i.e. Mong);113

b. at 3.11pm, Mong phoned Teoh and asked Teoh to "come out tonight to get the paper."114

c. At 4.30pm, Teoh phoned Cheng and asked Cheng to get the money from "Sengor" (i.e. Mong).115

d. At 6.45pm, Cheng arrived at safehouse1.116

1. At 8.00pm, Cheng parked his Lexus on Lonsdale Street, Melbourne near Mong's address and the Lin NAN family restaurant.117
2. At 8.05pm, Teoh phoned Cheng, who advised Teoh that he had collected the money and that "the person said thirty-one only".118
3. At 9.04pm, Mong phoned Teoh and advised that someone (i.e. Cheng) had come and left already. Teoh said he knew and that they took "31."119

Transaction 15 (30/4/22 - 1/5/22 - Teoh sells 175 grams of heroin to Thai)

1. The prosecution alleges that between 30 April and 1 May 2022, Teoh negotiated and sold 175 grams (half-block) of heroin to Thai for $33,000. The heroin was delivered, and payment collected, by Cheng at 4 Andrew St, Sunshine on 1 May 2022. The relevant circumstances were as follows:

a. At 2.27pm and 2.28pm, a woman known as Uyen Thai of 4 Andrew Street, Sunshine (using mobile number 0484 362 999) sent texts to Teoh which read: "how are you brother?" and "can you come lunch time tomorrow".120

1. At 2.30pm, Teoh phoned Thai and asked what time and if she required the "same, huh, half?" Thai said "yes." Teoh stated that "but now up a little bit".

Thai asked Teoh to message how much it would cost.121

c. At 2.30pm, Teoh texted "33" to Thai.122

d. At 2.31pm and 2.23pm, Thai texted Teoh "ok brother" and "3.30pm ok".123

1. On 1 May 2022:
   1. At 1.52pm, Teoh phoned Thai to confirm she was at home, and said "my boy, 20 minute".124
   2. At 1.52pm, Teoh phoned Cheng and advised "the girl said Ok." Cheng told Teoh he would be there in 7 minutes.125
   3. At 1.59pm, Cheng arrived in his Lexus at Thai's house at 4 Andrew Street,

d. At 2.50pm, Cheng's Lexus parked near Teoh's residence in Box Hill,127 and CCTV at the apartment complex showed that at 2.54pm Teoh arrived with a small gift bag.128

Transaction 16 (3/5/22 - Teoh sells 28 grams of heroin and 14 grams of methylamphetamine to Ong)

1. The prosecution alleges that on 3 May 2022, Teoh sold 28 grams (one ounce) of heroin and 14 grams (half-ounce) of methylamphetamine to Ong for $5000 and

$3500 respectively. The drugs were delivered that night by Cheng to Ong in Burns Street, Clayton. The relevant circumstances were as follows:

128 Exhibit 49 CCTV Station Street address Download

a. At 5.49pm, Ong phoned Teoh and asked if he could see Teoh that night for "one" and maybe another "one" a bit later. They agreed on "the same place" in Clayton, and Teoh said he would call 'his boy and maybe he go in, uh, 10 minutes."129

b. At 5.49pm, Ong phoned Teoh again and asked if there was "any cold." Teoh said there was, but it was 'very expensive.' Ong asked for the price, and Teoh said "seven." They discussed quality, Teoh said it was good, and Ong said he would call back.130

c. At 5.50pm, Teoh phoned Cheng and told him to "go to Clayton for one." Teoh told Cheng that he must collect the money, and "count one finger".

Cheng said "fine".131

d. At 6.01pm, Ong phoned Teoh and asked for "half a cold." Teoh replied "tomorrow" and Ong agreed. Ong asked Teoh to let him know when "his boy' arrived and Teoh replied "I think he in, eight minutes."132

e. At 6.05pm, Teoh phoned Ong and advised that Cheng had arrived.133

f. At 6.09pm, Teoh phoned Ong, and Ong advised that he (Ong) was coming out.134

g. At 6.14pm, Cheng phoned Teoh and advised "5,000 by transfer, 3500 by cash."135

Transaction 17 (4/5/22 - Teoh sells 28 grams of heroin and 14 grams of methylamphetamine to Ong)

1. The prosecution alleges that on 4 May 2022, Teoh sold 28 grams (one ounce) of heroin and 14 grams (half-ounce) of methylamphetamine to Ong for $9000 total. The drugs were delivered that evening by Cheng to Ong in Burns Street, Clayton. The relevant circumstances were as follows:

a. At 4.16pm, Teoh phoned Ong and asked Ong if he "wanted to get both today." Ong confirmed this, and asked Teoh the price of "cold." Teoh told Ong it was "3.5 for half." Ong then enquired "seven for a full one", which Teoh confirmed. Teoh said he had only prepared a "half" for Ong. Ong asked if it was "Mexican or tea." Teoh confirmed it was "tea" and they arranged to meet at the same place as last time.136

b. At 6.14pm, Teoh phoned Ong. Ong said he would be there in 10 minutes. Teoh confirmed Ong was to get "one and a half." Ong replied, "one hot and half cold." Teoh confirmed total owing was "9."137

c. At 6.28pm, Teoh phoned Ong. Ong told Teoh he could see the Lexus, and was behind it.138

d. At 6.32pm, Cheng's Lexus drove away from the vicinity of 23 Burns

Avenue, Clayton.139

e. At 6.32pm, Cheng phoned Teoh and advised that he had received "$4,000 cash" and "$5,000" by bank transfer.140

Transaction 18 (7/5/22 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 7 May 2022, Teoh sold 28 grams (one ounce) of heroin to Ong for $5500 total. The price was reduced by $2000 because Ong returned 8 grams of methylamphetamine (valued by Teoh at $2000), resulting in a total payment by Ong of $3500. The heroin was delivered that evening by Cheng to Ong in Burns Street, Clayton.

1. The relevant circumstances were as follows:
   1. At 12.13pm, Ong phoned Teoh and asked "can I see you for hot?" to which Teoh replied that he was still sleeping.141

b. At 2.31pm, Teoh phoned Ong. Ong asked Teoh if "his boy" would be able to drop off to him. Teoh replied that he (Cheng) was at work but would finish at six or seven.142

c. At 6.38pm, Teoh phoned Ong and said that his boy (Cheng) had arrived, and Ong replied that he would be there in fifteen minutes. Teoh requested that Ong pay $2900, stating that he (Teoh) would "take away the cold and I just, uh, deduct the money."143

d. From 6.53pm to 7.07pm, Teoh and Ong exchanged a series of texts as to how the deduction was arrived at, culminating in Teoh texting "14 = 3500 you give me back 8 so I give you back 2000"; "you coming?"; and "mine boy waiting bro".144

e. At 9.34pm, Cheng phoned Teoh and asked if he (Cheng) is required to give

the three thousand five hundred to "Ah Qing?" Teoh stated "ok" and Cheng replied "I will pass the three thousand five hundred dollars to Ah Qing".145

Transaction 19 (8-9 May 2022 - Teoh sells 84 grams of heroin to Thai)

1. The prosecution alleges that on 8-9 May 2022, Teoh sold 84 grams (three ounces) of heroin to Thai for $13,000, in the following circumstances.

a. At 5.31pm, Teoh phoned Thai. Thai asked Teoh if she could get half of what she got "last time" as she didn't have enough money. Teoh said "only three bag?" and Thai replied "Yeah". Teoh asked Thai to clarify if she wanted two pieces or three pieces, and Thai confirmed she wanted "three pieces". Teoh said he would have to ask his "brother" how much it would be and let her know.146

b. At 5.33pm, Teoh phoned Thai and said it would be "13,000" for "three pieces." Thai said "Okay." Teoh asked when, and Thai said "tomorrow, lunchtime." Teoh said "okay".147

1. On 9 May:
   1. At 2.27pm, Thai phoned Teoh and asked what time he was coming. Teoh replied, "Six-thirty".148
   2. At 7.07pm, Teoh phoned Cheng and told him to collect money from "Sengor" (Mong) and then go to Sunshine.149
   3. At 8.23pm, Cheng's Lexus arrived at Thai's address at 4 Andrew Street, Sunshine.150

Transaction 20 (8-9 May 2022 - Teoh sells 175 grams of heroin to Mong)

1. The prosecution alleges that on 8-9 May 2022, Teoh sold 175 grams (half block) of heroin to Mong, in the following circumstances.

a. At 4.21pm, Teoh phoned Cheng and asked him to go to "Ah Mai's (Lang's) house to take "one piece" and send it to "Sengor" (Mong). Cheng told Teoh he would "go to his shop and wait.151

b. At 5.28pm, Mong phoned Teoh. Teoh said he was sleeping and that he was waiting for "him/her". Mong said "Okay come at 6.30 then." Teoh confirmed 6.30 and told Mong to wait for the person to bring "it" first before going. Mong agreed, and said he had asked the person to come at 7 o'clock.152

c. At 5.29pm, Teoh phoned Cheng and asked Cheng if he had arrived. Cheng said he would arrive in 10 minutes due to traffic congestion.153

1. At 5.45pm, Cheng parked his Lexus outside safehouse1, entered through the garage door, and then drove away at 5.47pm.154

e. At 6.18pm, Cheng parked the Lexus on Lonsdale Street, Melbourne near

Mong's address and the Lin NAN family restaurant, and then drove away at about 6.26pm.155

1. At 7.21pm, Mong phoned Teoh and advised that he (Mong) had only bought half a piece. Mongsaid "I was so busy, I didn't look. Only had half of it."156

1. On 9 May:
   1. At 5.47pm, Mong phoned Teoh asked Teoh to come out and get the "paper."

Teoh said he would send "he/she" around 8.30 or 9.30.157

1. At 7.07pm, Teoh phoned Cheng and told him to collect money from "Sengor" (Mong) and then go to Sunshine.158
2. At 7.55pm, Cheng's Lexus arrived in the vicinity of Lonsdale Street and Russell Street, Melbourne (QV square) and left 6 minutes later.159

Transaction 21 (10 May 2022 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 10 May 2022, Teoh sold 28 grams of heroin to Ong, in the following circumstances:

a. At 4.10pm, Ong phoned Teoh and said he wanted to catch up. Teoh asked

"you need one?", and Ong confirmed "just one". Teoh said it was now "5800 ... it's up now you know." Ong said okay, and they arranged to meet at 6 to 6.30.160

b. At 6.01pm, Teoh phoned Cheng and told him to collect one piece of 28 from Lichon, then to Clayton and collect $5800.161

154 Exhibit 45 VP-2228 -37.7944941, 144.8504189; Exhibit 53 Braybrook CCTV.

159 Exhibit 45 VP-2228 -37.8110661, 144.9663075 & -37.8108806, 144.9659276

c. At 6.30pm, Teoh phoned Ong and advised it would be another 30 minutes. Ong said he was at his mother's in Dingley (Tran's address) and they would meet there.162

d. At 7.14pm, Cheng's Lexus arrived at Tran's address.163

Transaction 22 (3-11 May 2022 - Teoh/Lang/Cheng traffick 6 blocks of heroin in a deal brokered by Tran)

1. The prosecution alleges that between 3 and 11 May 2022, Tran brokered and coordinated the sale by Teoh and Lang of 2.1 kilograms (six blocks) of heroin for

$390,000 to unknown Queensland entities. Tran was to receive $6,000 in commission. Lang, using safehouse 1, prepared the 2.1 kilograms of heroin into six blocks, separated into three pairs. The blocks were then stored at safehouse2 where they were collected by Cheng and then delivered to the Queensland based customers at 9 Steane St, Reservoir on 11 May 2022. Nguyen drove a car away from Reservoir, with the heroin concealed in the centre console, and was intercepted en route to Queensland. Cheng transported the proceeds of sale back to safehouse1 where the money was photographed and counted by Teoh, Lang and Cheng, using a cash counting machine. The relevant circumstances of the transaction were as follows.

1. On 3 May 2022:
   1. At 7.41pm, Tran phoned Teoh and told him that her friend had called her. The friend had paid back the $20,000. The friend had said the "car" Teoh had given her was just "so, so and not at all happy with it." Tran stated some are happy and others are not. Tran said they need the "vehicle number plate one six eight." Teoh stated that it is expensive. Tran asked for the price so she could tell her friend who would want "two or three persons." Teoh said "128" and asked that Tran let him know how many so they could get them ready. Tran asked Teoh how much he would give her and stated, "you don't

need to give me cash, vehicles will also be ok." Tran confirmed with Teoh it would be "one six eight."164

b. At 7.50pm, Tran phoned Teoh again and said that she would have an answer

the following day. Tran said, "tomorrow he/she will get back to you whether he/she can dispatch three people or not" and then further stated "he/she will definitely dispatch two people." Tran said her friend thought Teoh treated them very badly by not allowing them to owe $20,000. Tran repeated they wanted "two people for sure. He/she will try for three people." Tran told Teoh her friend was seeking an assurance from Teoh that the price would not change. They then discussed the issue of the price changing on the previous occasion. 165

a. At 5.12pm, Teoh phoned Tran. Tran advised that her friend had called, and wanted "three people" but may end up wanting "five people but it is likely to be three people." Tran wanted an assurance it was "one six eight." Teoh replied that it was "better than one six eight." Teoh asked Tran when, and Tran replied she would need to call her friend, possibly in the next one or two days. Teoh asked Tran to let him know before they came down and that the same arrangements as last time would be fine.166

a. At 6.31pm, Teoh phoned Tran. Tran advised that she had spoken to her friend and they would not arrive until Tuesday. Tran stated "he/she will dispatch three people, three to five people. He/she does not know yet. I, he/she is saying that it has to be one six eight." Teoh said he would "set aside three for him/her" and Tran asked if he was able to supply five. Teoh stated "I don't have more even if he/she wants more. It is not like the more the better. It is indeed very dry right now."167

84. On 8 May at 11.17am, Teoh phoned Tran and asked what time Tran's friend would be attending on "Tuesday." Tran said her friend would let them know however Teoh was to make sure it was "one six eight." Teoh replied that it was "better than one six eight." Tran said that her friend was not going to give her any money, so Tran told her friend it was "one three zero" so she could take her own share out of that, being "six dollars." Tran complained that her friend didn't pay last time as a result "no money for me, as if I am free."168

a. at 4.36pm, Tran phoned Teoh and advised him that her friend had to stop for a rest and would arrive on the Wednesday. Teoh said he was not happy Tran's friend kept changing the times and said he had already "promised elder brother and elder brother has advised that if there is none on Tuesday, he/she would need to give it to others." Teoh repeated that he wanted Tran's friend to give correct times in future.169

b. At 5.17pm, Teoh phoned Lang and advised him about "Tuesday" and how angry Teoh was because last time Teoh had asked that they provide the correct time of arrival. Teoh told Lang that initially they had said last week, then Tuesday and now it is Wednesday.170

1. On 10 May:
   1. at 3.29pm, Teoh phoned Tran and asked what time the meeting was the following day. Tran said she would ring her friend and call back.171
   2. At 3.43pm, Teoh phoned Tran, and Tran advised that her friend had advised that they would not arrive until "5pm", because of issues with their car.172

c. At 4.48pm, Teoh phoned Cheng and advised that he had "work" for him the following day at around "5pm to 6pm." Teoh said he would direct Cheng to the required location.173

d. At 6.04pm, Lang phoned Teoh and asked if the appointment for the following day was confirmed. Teoh stated it was and it was at "5 pm."174

a. at 11.50am, Teoh phoned Tran and asked what address the meeting was at so he (Teoh) could arrange for his people to wait nearby. Tran said they would arrive at 5 o'clock, but she would ring her friend and call back.175

b. At about 12.50pm, Nguyen arrived alone at 9 Steane Street, Reservoir, driving a car (with Queensland registration 119EA9). Nguyen went into the house.176

c. At about 3.10pm, an unknown Asian woman was dropped off by taxi and entered 9 Steane Street, Reservoir carrying a bulky green carry bag and a shoulder bag.177

d. At 4.04pm, Lang phoned Teoh and asked when Teoh would arrive. Teoh said he was two sets of traffic lights away and was travelling with "Ah Sheng" (i.e. Cheng). Teoh said once they arrived Cheng will go directly to the meeting and Teoh and Lang would travel by themselves.178

e. At 4.10pm, Cheng and Teoh arrived in the driveway of safehouse1 in Cheng's Lexus. Cheng got out of the vehicle and entered safehouse1 via the garage. Teoh got out of the vehicle and was joined by Lang. Cheng returned to the Lexus and drove away, arriving at safehouse2 at 4.12pm.179

f. At 4.18pm and 4.19pm, Tran phoned Teoh and confirmed "5pm". Teoh told Tran he would ask his "younger brother" to give Tran her "paper" later that night.180

g. At 5.06pm, Cheng arrived at 9 Steane Street, Reservoir in the Lexus. Cheng went to the front door and returned shortly after, carrying a large green enviro-bag. Cheng returned to the Lexus, and then emerged from the Lexus, carrying a brown carry bag, which he took to the front door before returning to the Lexus empty handed. Cheng then drove away at about 5.09pm.181

h. At about 5.30pm, the unknown Asian woman exited the Queensland registered car, wearing gloves and carrying the bag that Cheng had delivered. She entered the house.182

i. At 5.37pm, Nguyen (alone) drove away from the Reservoir house in the

Queensland registered car.183

j. At 5.54pm, Cheng's Lexus arrived at safehouse1, and Cheng entered safehouse1.184

k. At 5.59pm, Teoh phoned Lang and asked him to "bring the machine over". Lang replied "ok."185 Lang then emerged from his residence, and entered safehouse1 next door.186

l. At 6.02pm, Teoh's mobile phone captured an image and a short video of multiple bundles of cash on top of a white table. A male (wearing the same clothing Lang had been wearing earlier) places a cash counting machine next to the money before the video cuts out.

181 Exhibit 55 CCTV Reservoir, and Victoria Police State Surveilla nce Unit log

184 Exhibit 45 VP-2228 -37.7945017, 144.850367 & Exhibit 48 CCTV Braybrook

1. On 11 May 2022, at 6.17pm, Nguyen was intercepted by police whilst driving the Queensland registered car on the Hume Freeway near Beveridge. An initial search of the car located $2275 cash.

89. Following the attendance of a police sniffer dog, at about 7.45pm police dismantled the centre console of the car, which revealed six packages that had been wrapped in number of layers of brown paper, cling-wrap and vacuum sealed.187

187 Statement(STEELE) and Exhibit 83 BWC Footage (STEELE); MORRIS statement and Exhibit 79 BWC Footage (MORRIS); Statements of MILLER, RAJAH, & MIJANOVIC.

90. Later forensic analysis revealed a total of 2095.4 grams of compressed white powder, containing heroin of 70% purity.188

1. When interviewed by police, Nguyen stated the following:

1. An unknown male had contacted him on his phone on 9 May and offered him $2,000 to drive a car from Queensland to an unknown destination/address in Melbourne.
2. Upon arrival in Melbourne, he had contacted the unknown male who instructed him via text message where to go, being 9 Steane Street, Reservoir.
3. On arrival at 9 Steane Street, Reservoir, at approximately 12.00 pm, he spoke to a Vietnamese woman that he had never met before at the front of the address and asked her if he could go into her house and watch television.
4. He then slept on the couch in the women's house. He then woke up and left at about 5pm, once the person who had offered him $2,000 to take the car phoned him and instructed him to take the car back to Queensland.
5. He had no knowledge of drugs being present in the car.
6. When asked by police if he was not suspicious, he said "So, no, I was - I - I didn't know - I never, you know, know of anything, you know, like this." Q/A53. (Later (at Q/A 59) he said "I thought it was, you know, a bit strange,

188 Certifica te of Analyst (Joanne Winter) dated 27/10/22 (Exhibit 403).

yeah. I don't know what was in there but, you know, they - they - they said they'd give me $2000."

1. The money located during the search of him and the vehicle was the $2,000

1. He is not aware of the name Loc Tan LUONG, being the Queensland registered owner of the vehicle.
2. His instructions were to 'drive down there, park it there and then when finished, you know, drive it back and park it.'

Transaction 23 (11 May 2022 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 11 May 2022, Teoh sold 28 grams of heroin to Ong, in the following circumstances:

a. At 8.11pm, Teoh phoned Ong asked if Ong needed "one", and further stated that he had a "better one" which was the "the white one, pure white." Ong agreed. Teoh told Ong it would be an extra $500 due to the quality. The price would be $6,300. Teoh added "trust me this one is 100%" and offered to take it back if it wasn't. Ong complained about the price, but Teoh reiterated it was a good, strong product. Ong said he would ring back.189

b. At 8.55pm, Teoh phoned Ong and asked if Ong still wanted to see him. Ong

confirmed he did, and Teoh said in 5 minutes.190

c. At 9.06pm, Teoh phoned Ong and advised that Cheng had arrived.191 Ong asked for 3 minutes.192

d. At 9.17pm, Teoh phoned Ong, who advised he could now see Cheng. Teoh told Ong that Cheng was angry and wanted to get it done so he could get away quickly.193

Transaction 24 (12 May 2022 - Teoh sells 28 grams of heroin to Tran's friend in a deal brokered by Tran)

1. The prosecution alleges that on 12 May 2022, Teoh sold 28 grams of heroin to

Tran's friend, in the following circumstances:

a. At 12.08pm, an unknown woman using the Sister Van mobile number phoned Teoh and asked for the price of "one hour." Teoh replied "65." The woman replied that Tran had informed her it was "55." Teoh then told the woman to buy off Tran if she was not happy with his price, and "Me one very good, number one." Teoh said others were selling at "75", but he wasn't, his was cheaper by "ten dollars." as it would cost "six five." The woman said she would "tell them" and ring back.194

b. At 12.18pm. Tran phoned Teoh and said her friend from Central West, Braybrook wanted to get in touch with Teoh. Teoh replied he had already told her "65 cents." (i.e. $6,500) Teoh told Tran her son (i.e. Ong) had received it the previous night for "63 cents" (i.e. $6,300), and that it was selling at "$7 and 50 cents or 80 cents" elsewhere. Teoh said he would call his "younger brother" and ask him to go to Tran's house.195

c. At 12.42pm, Teoh phoned Cheng and instructed him to take "one piece and vacuum pack" it, and to stamp it "28" where there was a small crack and take it to "Ah Jei." 196

d. At 1.09pm, Cheng's Lexus departed from Tran's address.197

Transaction 25 (12-13 May 2022 - Teoh trafficks 84 grams of heroin)

1. The prosecution alleges that on 12-13 May 2022, Teoh offered to sell 3 ounces (84 grams) of heroin to an unknown woman, with 28 grams ultimately delivered by Cheng on 13 May, in the following circumstances.

a. At 6.00pm, the woman using the Sister Van mobile number phoned Teoh, and complained about his quoted price of "six five" and offered to pay "Six- two." After further discussion Teoh said, "For you discount two hundred" and clarified "six thousand three hundred." The woman continued to complain that the price was still too high, and made a final offer of "six" for "one." Teoh agreed and asked her to take "three pieces." The woman agreed and responded with "18,000." Teoh said he would send his "boy" to her house. The woman then asked Teoh to wait, and said she would call "them" and ring Teoh back.198

b. At 6.13pm, a woman using the Sister Van mobile number phoned Teoh and asked him to come over. Teoh asked if she would take "three pieces" and she agreed. Teoh said he would tell his "boy" to go. She asked how long it would be and Teoh said 10 minutes. She said "Okay, I waiting for you." 199

c. At 6.30pm, Cheng phoned Teoh and said the person didn't want it, and had questioned why he had sent it. Teoh told Cheng said he would call them.200

d. At 6.32pm, Teoh received a text from the Sister Van mobile stating "is it ok to bring over tomorrow?"201

e. At 8.32pm, a woman using the Sister Van mobile phoned Teoh. Teoh asked "You no take? You don't want?" The woman asked Teoh if the following day was okay, and said "Tomorrow give me one." Teoh sought clarification as to why she now only wanted one instead of "three pieces." Teoh again offered 3 pieces for "18", and asked "my boy give you three?". She replied

"No, no, tomorrow he give me one please." Teoh agreed, and suggested a time of between 12pm-2pm the next day.202

1. On 13 May:
   1. At 12.21pm, a woman using the Sister Van mobile number phoned Teoh and asked what time he was coming. Teoh replied "1.30."203

b. At 1.25pm, Cheng's Lexus arrived at 6 Winjeel Court, Braybrook.204

1. At 1.26pm, Teoh phoned the Sister Van mobile number and advised that his boy was outside.205

Transaction 26 (13 May 2022 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 13 May 2022, Teoh sold 28 grams of heroin to Ong, in the following circumstances:
   1. At 5.08pm, Ong phoned Teoh and asked to see Teoh. Teoh indicated it may be possible at 7.30 pm. Ong asked if it could be sooner. Teoh explained "no, he (Cheng) is going to the city right now for the other - other customer."

Teoh confirmed with Ong that he wanted 'one.' Ong agreed.206

b. At 7.00pm, Ong phoned Teoh. Teoh advised that his "boy" would arrive in 10 minutes. Ong asked where and Teoh replied "Clayton" to which Ong replied he was in Dingley. Teoh stated he would tell him (Cheng).207

c. At 7.09pm, Cheng's Lexus arrived at Tran's address.208

d. At 7.10pm, Teoh phoned Ong and advised that Cheng had arrived.209

Transaction 27 (13-15 May 2022 - Teoh sells 4 blocks of heroin in a deal brokered by Tran)

1. The prosecution alleges that between 13 and 15 May 2022, Tran brokered and coordinated the sale of 1.4 kilograms (4 blocks) of heroin by Teoh to an unknown male from Ferntree Gully for $260,000. Tran was to receive $4,000 in commission. Cheng delivered the product to the unknown male at Tran's home as 7 Minjah Court Dingley Village - two blocks were delivered on 14 May, and a further two blocks on 15 May. The transaction occurred as follows.

1. On 13 May:
   1. At 9.37pm, Tran phoned Teoh and said "You have asked me to find people" to which Teoh responded, "Yeah." Tran told Teoh that she had found a friend from Ferntree Gully. Teoh asked who the person was, and Tran advised that it was the person whom he had previously charged "One three three." Tran advised Teoh that her friend wanted "two people" and that she (Tran) had quoted "one three zero" to the friend. Tran asked Teoh to confirm it would be "two six zero" for two. Teoh agreed and asked when it was required. Tran said between 8 and 8.30 the following day. They agreed that Tran would get the friend to come to Tran's home. Teoh initially said Tran would be paid $3,000, but then agreed to pay her $4,000. Tran said "I will charge him/her one three zero, you charge me one two eight." Teoh said "understood". Tran said she would ask her friend to come to her place at 8-

1. At 9.40pm, Teoh phoned Lang and asked "can you give me that tomorrow?" Lang asked "what" and Teoh asked for "two pairs." Teoh asked if he should get "Ah Sheng" (Cheng) to go. Lang asked who the buyer was. Teoh said "Sis" (i.e. Tran). Lang asked "they want again?" Teoh said "not really. It's another customer. I have asked her to find customers." Teoh explained that she (i.e. Tran) had stated that she needed $4000, and Teoh had told her to go, and he (Teoh) would help her. Teoh told Lang that she (Tran) would be in Springvale between 8.00 and 8.30 the following day. Lang then said that there was no need to ask Cheng and that he (Lang) would have one of his

associates go to Springvale. Teoh said that he would ask him (Cheng) to sit in their car and go together. Teoh and Lang agreed that Lang would organise the details of the meeting.211

c. At 9.45pm, Teoh phoned Tran, who confirmed that her customer would attend Tran's address. Tran advised Teoh that if the deal were to occur at Tran's house, the customer would purchase "one person" and "another person" the following day. Tran said that if Teoh was willing to deliver to the customer, the customer would purchase "two people". Tran asked Teoh how he would like to proceed, and Teoh agreed to deliver "one person" to Tran's house the following day between 8 and 8:30.212

a. at 1.22pm, Cheng phoned Teoh. Teoh advised that "Ah Mai's" (Lang's) worker has "sent one [indistinct] to your place". Teoh told Cheng to take him (the worker) to "Ah Jei's house" (Tran's) at 8 pm and collect money. After that Cheng was to send the worker back to "Ah Mai's place" (Lang's) to pass the money to him (Lang).213

1. at 5.23pm, Teoh contacted Lang. Teoh asked Lang to arrange for "Ah Duo" to leave at 6 pm and so that he would arrive at 7 pm. Lang said "Ah Bao" would be there to give him "that stuff and $4000." Teoh asked that they wait until the customer had left before they handed the money to "sis" (Tran).

Lang reminded Teoh to tell "Ah Sheng" (Cheng).214

c. At 6.22pm, Teoh phoned Cheng and advised that "Apo" would arrive about 7 pm. Teoh instructed Cheng to invite "Apo" inside his house to take a seat and wait until 8 pm. Teoh directed Cheng to collect "130" and after the "guest" had left, Cheng was to hand the $4,000 "Apo" had brought to "Ah Jei" (Tran).215

1. At 8.01pm, Tran phoned Teoh and asked "arrived or not?". Teoh advised "5 minutes". Tran confirmed that her "friend" had arrived.216

e. At 8.09pm, Cheng's Lexus arrived at Tran's address.217

1. At 8.17pm, Tran phoned Teoh and advised "it is done" and "tomorrow it will be the same time". Teoh said "good, okay."218

g. At 8.18pm, Teoh phoned Lang and advised "same time tomorrow".219

a. At 7.56pm, Cheng's Lexus arrived at Tran's house.220

b. At 8.38pm, Teoh phoned Cheng and asked Cheng why "Ah Jei" (Tran) was looking for him, as he had multiple missed calls from her. Cheng told Teoh that "Ah Jei" (Tran) had asked Cheng why he hadn't given her $4,000, and that Cheng had told Tran that Teoh didn't tell Cheng to do that. Cheng reported that as he hadn't been able to reach Teoh, he asked "AhPo" to ask his boss (Lang), who had confirmed "after selling the goods, then give her".221

1. At 8.39pm, Teoh phoned Tran, and confirmed that Tran had received her

Transaction 28 (13-15 May 2022 - Teoh agrees to sell 10 blocks of heroin)

1. Between 13 May 2022 and 15 May 2022, in a deal brokered by Mong, Teoh agreed to sell 3.5 kilograms (ten blocks) of heroin, being "five pairs", to an unknown English-speaking male. The heroin was to be sourced and prepared by Lang with an initial delivery of 1.4 kilograms (four blocks), separated into "two pairs." The transaction occurred as follows.

1. At 11.19pm, Mong phoned Teoh and asked if Teoh still had "168." Teoh confirmed that he did. Mong asked how much he had, and Teoh said "5 or

6." Mong said his friend, the "foreign guy" did not believe him (Mong).

Mong asked Teoh at what price does he get the product for. Teoh replied "130" and that he sold it to people for "135" or "140." Mong then asked Teoh to speak to his (Mong's) friend but advised Teoh (in Cantonese) not to tell the friend where it was from. The phone was then passed to an unknown English-speaking man, who spoke to Teoh. The man asked Teoh what he was getting "168" for. Teoh said "they give my friend 120" and then said, "they give me 130." The man asked if Teoh could bring him "five pair" and said, "I'll take five pair from you." Teoh queried, "really?" and the man said, "Yeah hundred percent." Teoh said he would call his friend. The man again asked Teoh "can you organise five pair?". Teoh replied "yeah". The man said "okay, done", and Teoh replied "okay."223

b. At 11.25pm, Teoh phoned Lang and asked if he could still get one six eight. Lang replied "tomorrow I think". Teoh asked "are there five if it is taken in one go?" Lang asked "five in one go?" and said that he would need to make an enquiry and that they would require "cash because I don't know them very well." Teoh suggested selling it at "13." Lang said "okay" and "let me make an enquiry first".224

c. At 11.42pm, Lang phoned Teoh and advised "it will have to be tomorrow even if they have it. Do they want to do it?" Teoh said that he would call "him" straight away and would let Lang know.225

d. At 11.47pm, Teoh phoned Mong and asked if he was serious about the person getting "five." Mong confirmed he was. Teoh said he would get his friend to get the product ready and asked Mong to get the "paper" from the person first. Mong said he would go and see the person a bit later.226

104. On 14 May at 9.37pm, Mong phoned Teoh and advised that he (Mong) had spoken to his associate and that the deal would "definitely be done in 3 days" but the associate would have to give "200,000" first. Teoh asked for immediate payment first. Mong replied that the associate may think that they (Mong and Teoh) didn't really trust them. Teoh then stated "no, no, no it is someone else who wants it. I am not the one who wants it." Teoh said "my friend can only get a pair of it each time." Mong said he would suggest to his associate to buy a "one pair or two first." 227

105. On 15 May at 9.28pm, Mong phoned Teoh and advised that he (Mong) had instructed the other party to take "two pairs first and see if they are all right. If they are okay, then make payment." Teoh and Mong then had a disagreement about the price for the other party with Teoh stating the price should be "135" and Mong replying that he thought that Teoh had told them "120." MONG stated the other party could not sell it for "130" and that he had told him "120." Teoh told Mong to advise that if the other party does not want it to tell them that the product is now sold out.228

Transaction 29 (16 May 2022 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 16 May 2022, Teoh sold 28 grams of heroin to Ong, in the following circumstances:

a. At 9.30pm, Ong phoned Teoh and asked to see him. Teoh said later at 11. Ong said he was in Springvale. Ong asked Teoh to call later when "his boy" was available. Teoh stated that he would offer the price to Ong of $5800 because "your mum" complained and that she had asked Teoh to sell to Ong at a lower price.229

1. At 10.06pm, Teoh phoned Cheng and told him to take "one piece" and send it to "Ah Jei's house", as it was for her son. Teoh told Cheng to collect

c. At 10.39pm, Ong phoned Teoh and advised that Cheng had arrived.231

Transaction 30 (17 May 2022 - Teoh sells 84 grams of heroin to Thai)

1. The prosecution alleges that on 17 May 2022, Teoh sold 84 grams (3 ounces) of heroin to Thai, in the following circumstances:

a. At 9.07am, Thai phoned Teoh and asked for 3 pieces. Teoh agreed to

provide 3 pieces for "eighteen" and arranged to meet that afternoon.232

b. At 4.59pm, Teoh phoned Thai and confirmed he could come to her address, and suggested 8 pm. Thai confirmed it was that night. Teoh asked Thai if she wanted "three or six", and Thai replied "three."233

c. At 5.27pm, Teoh texted Cheng "4 Andrew Sunshine".234

1. At 7.18pm, Cheng's Lexus arrived at 4 Andrew St, Sunshine
2. At 7.21pm, Cheng phoned Teoh and asked him to call "Ah Yin" (Thai), as no one had answered the door.235

f. At 7.21pm, Teoh phoned Thai and advised "my boy's outside." Thai said

she would be 5 minutes.236

1. At 7.22pm, Teoh phoned Cheng and advised they would be home in 5 minutes.237

Transaction 31 (18 May 2022 - Teoh sells 28 grams of heroin to Ong)

1. The prosecution alleges that on 18 May 2022, Teoh sold 28 grams of heroin to Ong, in the following circumstances:

a. At 7.19pm, Ongphoned Teoh andsaid he had $4,500 and asked Teoh if that

was "Ok." Teoh said he would call back.238

b. At 8.57pm, Teoh phoned Ong and advised that his "boy" would be 5 minutes. Ong asked that they meet outside his mum's house, and asked if it

was "Ok" that he had "four and a half." Teoh and Ong agreed the rest would be paid the following morning.239

c. At 8.58pm, Teoh phoned Cheng and told him to "send one piece to Ah Jei's

house" and collect $4,500 from her son (ONG), with Ong to pay the balance of $1,300 by transfer. 240

Transaction 32 (19 May 2022 - Teoh sells 168 grams of heroin to Thai)

1. The prosecution alleges that on 19 May 2022, Teoh sold 168 grams (6 ounces) of heroin to Thai for $34,000, in the following circumstances:

a. At 12.38pm, Thai phoned Teoh and asked when "the other" would be coming. Teoh replied that he (Cheng) could come earlier. Thai confirmed she wanted "six".241

b. At 6.07pm, Teoh phoned Thai and advised that they would be there in about 30 minutes.242

c. At 6.51pm, Teoh phoned Cheng and asked if Cheng had left yet. Cheng said he was collecting his car after it had been serviced. Teoh asked if Cheng had brought an item with him, and Cheng replied "yes, six pieces as you have told me." Teoh asked Cheng to let him know when he arrived.243

d. At 7.59pm, Cheng's Lexus arrived at 4 Andrews Street, Sunshine244 and Cheng then exchanged WeChat messages with Teoh, where Cheng asked how much he was to collect and stated that the person wanted "175". Teoh told Cheng to "give her six" and to collect $35,000. Cheng replied that they said it was $33,000 and the person would owe $1,000. Teoh agreed. Teoh instructed Cheng to take $15,000 into the city and give it to someone, and that $18,000 was to be brought to Teoh.245

e. At 8.01pm, Teoh phoned Thai, and they agreed the price was "34".246

Transaction 33 (19-20 May 2022 - Teoh sells 350 grams of heroin to Mong)

1. The prosecution alleges that on 19-20 May 2022, Mong brokered the purchase of 350 grams (one block) of heroin from Teoh for $63,000, for on-sale to an unidentified party, in the following circumstances.

111. On 19 May at 10.30pm, Mong phoned Teoh and said "Let me know if there is anything tomorrow." Teoh replied "Let me know first if you need more. I will ask my friend to take it for me." Mong mentioned a pair, and referred to somebody who wanted it for "one two five" which was "fucking crazy". Teoh replied that the person must be joking as it was selling for "one four outside already".247

a. at 9.54pm, Mong phoned Teoh and asked Teoh to ask "younger brother to come down and take the money." Teoh then told Mong "Sunday is reserved for you". Mong confirmed and said, "yes Sunday, one or two." Teoh told Mong that he (Teoh) could reserve it because Sunday was "just two more days".248

b. At 10.57pm, Teoh phoned Cheng and told him to go and see "Sengor" (Mong) at his shop to collect money.249

c. At 11.07pm, Cheng phoned Teoh and asked "to collect how much?" Teoh replied "63", and asked if the person had asked Cheng the amount. Cheng advised Teoh that he (Cheng) was just arriving at the shop.250

d. At 11.08pm, Cheng phoned Teoh and advised that "he" (Mong) said "six

zero." Cheng asked Teoh what he should tell him. Teoh replied "63." Teoh asked Cheng if he had told the person "63"? Cheng confirmed he had but that the person had said "six zero." Cheng suggested to Teoh that he (Teoh) speak to the person later. 251

e. At 11.10pm, Teoh exchanged WeChat messages with Cheng, telling him to get the money and put it in the boot.252

Transactions 34 and 35 (22 May 2022 - Teoh sells 28 grams of heroin, and agrees to sell a further 14 grams of heroin to Ong)

1. The prosecution alleges that on 22 May 2022, Teoh sold 28 grams of heroin to Ong (which was delivered to Springvale), and agreed to sell a further 14 grams of heroin to Ong (which was not delivered), in the following circumstances:

a. 12.51pm, Ong phoned Teoh and asked how long Teoh's "boy" would be. Teoh told Ong that his "boy" might be sleeping. Teoh said he would give Ong "one" and get the "six one" from Ong, and Ong was to pay the rest the following day.253

b. At 2.31pm, Teoh phoned Ong and advised that Cheng had arrived downstairs.254

c. At 2.42pm, Teoh phoned Ong, who told Teoh he was coming.255

d. At 10.48pm, Ong phoned Teoh and asked if he could see Teoh again. Ong said, "just one." Teoh said, "you pay me the same." Ong agreed and said he would text Teoh the address.256

1. At 10.48pm, Ong texted Teoh "Unit 2, 20 Fairbairn St, Springvale VIC 3171"257 and Teoh texted the address to Cheng.

f. At 10.51pm Cheng phoned Teoh and advised he would be there in 4 or 5 minutes. Teoh told Cheng to "bring one there and collect money from him".258

g. At 11.14pm, Ong phoned Teoh and advised that his (Ong's) friend would be 10 minutes and asked Teoh if he could now "make it half."259

h. At 11.15pm, Teoh phoned Cheng and told him to deliver "14". 260

i. At 11.34pm, Cheng arrived at the location, but eventually departed because Ong and his friend had not arrived.

j. At 12.20am, Ong phoned Teoh and said his (Ong's) "guy" had just arrived.

Teoh replied "my boy goes already. Tomorrow then." 261

Transaction 36 (24 May 2022 - Teoh supplies 14 grams of heroin to Ong which is retrieved for non-payment)

1. The prosecution alleges that on 24 May 2022, Teoh supplied 14 grams of heroin to Ong, in the following circumstances:

a. At 10.03pm, Teoh phoned Cheng and told him to go to the address he had been sent to the previous day. Teoh advised that he wanted "half a piece, 14 only." Cheng asked if that is the same as the "thing he packed that day." Teoh confirmed that was correct and instructed Cheng to collect $4,000, being $3000 for the 14, plus $1,000 that Ong owed.262

b. At 10.40pm, Teoh phoned Cheng and told him to collect $1,000 from Ong, but not to complete the deal at that time as Ong did not have enough money.263

c. At 11.24pm, Cheng phoned Teoh. Cheng told Teoh that Ong had gone back to collect the money and that Cheng was waiting outside. Teoh asked Cheng if he had handed over the item. Cheng said "yes." Teoh admonished Cheng, as he had been instructed to collect the money first.264

d. At 11.27pm, Teoh phoned Ong and asked him to return the product to Teoh's boy, which Ong agreed to.265

e. At 11.28pm, Teoh phoned Cheng, who confirmed that he had seen Ong and that he (Cheng) had "taken it back." Teoh told Cheng to take it with him, weigh it up and don'tmix it with others. 266 At 11.36pm, Cheng texted Teoh

two photos of a bag containing a block of compressed white powder on a scale, showing 14.73 grams.267

Transaction 37 (25 May 2022 - Teoh sells 14 grams of heroin to Ong)

1. The prosecution alleges that on 25 May 2022, Teoh sold 14 grams of heroin to Ong, in the following circumstances:
   1. at 4.55pm, Ong phoned Teoh and ordered a "half", and requested it be delivered to Ong in Springvale.268
   2. At 5.36pm, Cheng phoned Teoh. Teoh told Cheng to go and deliver "half a piece", and reminded Cheng he had to collect the money first.269

Transaction 38 (26 May 2022 - Teoh sells 28 grams of heroin to Tran's friend in a deal brokered by Tran)

1. The prosecution alleges that on 26 May 2022, Teoh sold 28 grams of heroin to Tran's friend, in the following circumstances:

a. At 6.53pm, Tran phoned Teoh. Teoh advised that Cheng was stuck on the M1 freeway and would be 20 minutes. Tran asked "so how much are you charging - 5700 or 5800?" Teoh replied, "whatever you like." Tran said, "of course I will love 5700. Am I silly? Do you think I'm silly?" Tran said her friend had been waiting. Tran said she would let her friend know there is a delay due to traffic.271

b. At 7.06pm, Teoh sent a WeChat message asking Cheng to go to "old auntie's home first" and collect $5,700. Cheng replied that he was on his way, and shortly after advised Teoh "It's done for sis."272

c. At 7.23pm, Cheng's Lexus departed from Tran's address.273

Transaction 39 (26 May 2022 - Teoh sells 14 grams of heroin to Ong)

1. The prosecution alleges that on 26 May 2022, Teoh sold 14 grams of heroin to Ong, in the following circumstances:

a. At 9.22pm, Ong phoned Teoh and asked for "half." Teoh agreed. Ong said

he would ring his friend and let him know.274

b. At 9.50pm, Teoh phoned Cheng and said that once he arrived home, he was to "divide one in half." Teoh reiterated that the person wanted "14" and explained there was a new location for the meeting, a car park.275

c. At 10.10pm, Cheng's Lexus arrived at Garnsworthy Street Shopping Centre Carpark, Springvale.276

d. At 10.23pm, Teoh phoned Ong, and Ong advised Teoh that he (Ong) was there.277

e. At 10.27pm, Cheng sent a WeChat message to Teoh stating "Done" and

Transaction 40 (27 May 2022 - Teoh sells 350 grams of heroin)

1. The prosecution alleges that on 27 May 2022 Tran brokered a sale by Teoh of 350 grams (one block) of heroin to an unidentified person at 107 Phyllis Street, Deer Park for $65,000. The heroin was prepared by Lang and stored at safehouse2, where it was collected by Cheng and delivered to Deer Park. Tran was to receive $2000 commission on the sale. The transaction occurred in the following circumstances:

a. At 11.52am, an unknown woman using mobile 0415 873 773 phoned Teoh and asked if he had "175." Teoh said he did. The woman asked how much for a "piece" and Teoh replied "70." The woman said she would check and arranged to meet at 7 pm.279

b. At 12.24pm, Tran phoned Teoh and advised that her Mandarin speaking friend in St Albans wanted to buy "175" for "65" for "one bu" ["Bu" is an article word for some nouns including vehicles]. Tran asked Teoh if he

could meet the friend at 7 pm. Tran stated she had quoted "65" to her friend and asked Teoh how much commission he would give her. Teoh told Tran that her friend had called earlier, and he had quoted "70." Tran replied "Idiot. How would I know? You have told me sixty five so I have fucking told her sixty five". Teoh said he would call Tran's friend back but that he had already quoted her "70".280

c. At 2.13pm, Teoh texted the "773" number, stating "What time see you?"281

d. At 3.07pm, the 773 number texted Teoh, stating "No".282

e. At 3.07pm, Teoh texted the 773 number, stating "65".283

f. At 3.20pm, the 773 number texted Teoh, stating "Ok".284

g. At 4.42pm, the woman on the 773 number phoned Teoh and asked "can you do it for me - six five, 65." Teoh confirmed that would be the price. She asked if Teoh could come to her location at "7." Teoh asked her to send the address.285

h. At 4.43pm, Lang phoned Teoh. Teoh asked Lang if he still had "shoes" and Lang confirmed he did. Teoh said "I will come to get one later" and that it would be around 7 or 8 pm. Teoh explained that "Ah Sheng" (Cheng) would attend and give him (Lang) "1." Teoh said that the delivery area was near Lang's address.286

i. At 4.49pm, the 773 number text Teoh, stating: "107 Phyllis Pde, deer park".287

j. At 4.50pm, Teoh sent WeChat message to Cheng, advising him to go to "mike's home" (Lang's), pick up "one piece" and deliver it to "107 Phyllis pde deer park".288

k. At 7.15pm, Cheng's Lexus arrived at safehouse1 and parked in the driveway. Cheng got out, and entered safehouse1.289

288 Exhibit 119 Cheng phone download and Exhibit 359 Teoh phone download

289 Exhibit 45 VP-2228 -37.7944859, 144.8503225 & Exhibit 53 CCTV Braybrook

l. At 7.18pm, Cheng drove the Lexus to safehouse2.290

m. At 7.20pm, Teoh and Cheng exchanged WeChat messages, where Cheng advised he was 20 minutes away and asked if he was to collect money from the person or not. Teoh replied he was to "collect 65k".291

n. At 7.39pm, Cheng's Lexus arrived outside of 107 Phyllis Parade, Deer Park.292

o. From 7.39pm to 7.56pm, Teoh and Cheng exchanged WeChat messages, where Cheng advised the deal had been done. Teoh instructed Cheng to take the money and bring it to him (Teoh) in the city.293

p. At 8.40pm, Teoh phoned Tran and asked to let him know if she was going on holiday, because if not, he (Teoh) would ask "his boy" to bring her

$2,000. Tran asked Teoh if he had already "dispatched" for her. Teoh

confirmed he had and Tran asked how much Teoh had charged the person. Teoh replied, "65" and stated that he owed Tran $2,000. Teoh asked Tran to fix a time and he would get his "younger brother" (Cheng) to drop off the money to her.294

Transactions 41 and 42 (27 May 2022 - Teoh sells 28 grams of heroin, and a further 14 grams of heroin to Ong)

1. The prosecution alleges that on 27 May 2022, Teoh sold 28 grams of heroin,

and a further 14 grams of heroin, each of which Cheng delivered to Ong at 20 Fairbairn Street, in Springvale.

1. The one ounce deal occurred in the following circumstances:

a. At 3.26pm, Ong phoned Teoh and asked if he could get "one." Teoh said "6 o'clock."295

b. At 4.47pm, Teoh phoned Cheng and asked him to "take one piece" which was for Tran's son. Cheng asked the price. Teoh said he wasn't sure, but to let him know what had been paid when he had collected the money.296

c. At 5.10pm, Ong texted Teoh "20 Fairbairn St, Springvale VIC 3171".297

d. At 5.26pm, Cheng's Lexus arrived at 20 Fairbairn St, Springvale.298

e. At 5.33pm, Cheng sent a WeChat message to Teoh, stating "5.8".299

1. The half ounce deal occurred in the following circumstances:
   1. At 8.24pm, Ong phoned Teoh and asked to see Teoh again for a "half".

Teoh suggested 11pm.300

b. At 11.34pm, Teoh texted Ong "bro 5 mins".301

c. At 11.45pm, Cheng's Lexus arrived at 20 Fairbairn St, Springvale.302

d. At 11.55pm, Teoh and Cheng exchanged WeChat messages, where Teoh asked if Cheng had collected the money and Cheng responded that it was done.303

Transaction 43 (28 May 2022 - Teoh sells 14 grams of heroin to Ong)

1. The prosecution alleges that on 28 May 2022, Teoh sold 14 grams of heroin, delivered by Cheng to Ong at 20 Fairbairn Street Springvale, as follows:

a. At 1.19am, Ong phoned Teoh and asked for a "half". Teoh advised that

Cheng was sleeping, and they could sort it out tomorrow.304

1. At 2.38pm, Ongphoned Teoh andasked if Teoh could "send his boy." Teoh confirmed with Ong that it was "half."305
2. At 2.38pm, Teoh phoned Cheng and advised that Ong wanted "half only" and that it would be $2,900.306

299 Exhibit 119 Cheng phone download and Exhibit 359 Teoh phone download

303 Exhibit 119 Cheng phone download and Exhibit 359 Teoh phone download

d. At 2.54pm, Cheng's Lexus arrived at 20 Fairbairn St, Springvale.307

Transaction 44 (28-29 May 2022 - Teoh agrees to sell 350 grams of heroin, in a deal which is later cancelled)

1. The prosecution alleges that on 28-29 May 2022, Teoh agreed to sell 350 grams (one block) of heroin to a woman in Braybrook for $65,000, where the deal was ultimately cancelled, in the following circumstances.

124. On 28 May, between 11.42pm and 11.57pm, Teoh and a person using the Sister Van mobile number exchanged a series of text messages negotiating Teoh's supply of a "big one" consisting of "168" for "65." A meeting time of 12 pm the following day was agreed.308

a. From 9.13am to 9.23am, Teoh and a person using the Sister Van mobile number exchanged a series of text messages and a conversation referring to meeting that afternoon or tonight.309

b. at 9.24am, an unknown woman using the Sister Van mobile number phoned Teoh. Teoh asked what time the meeting would occur, and the woman said she would ask her customer and let Teoh know.310

c. At 3.26pm, the Sister Van mobile sent a text to Teoh, stating: "We think go another call them can't sorry".311

Transaction 45 (29 May 2022 - Teoh sells 28 grams of heroin in a deal brokered by to Tran)

1. The prosecution alleges that on 29 May 2022, Teoh sold 28 grams of heroin, delivered by Cheng to Tran, as follows:

308 D05515-00 CSN 10033, 10036, 10039, 10040, 10043, 10046, 10048, 10051, 10055 and 10056

1. At 1.24pm, Tran phoned Teoh and advised that she had returned home.

Teoh said he would ask "him" to go now.312

b. At 1.24pm, Teoh phoned Cheng. After confirming that Cheng was in Springvale, Teoh told Cheng that "Ah Jei" (Tran) wanted "one piece." Cheng asked if it was $5,800. Teoh said he would deduct $2,000 because of the "day we didn't give her 2000." Cheng then confirmed it was $3,800, and Teoh stated "$3,700".313

c. At 1.38pm, Cheng's Lexus arrived at Tran's address.314

d. At 1.40pm, Teoh phoned Tran and asked if she was home. Tran confirmed she was and that she would open the door to "him". Tran told Teoh she did not need to owe him and would pay in full the amount of $3,700.315

1. On 31 May 2022, at 3.31am Teoh exited safehouse1 andentered the driver's seat of Teoh's car, followed by Lang who entered the front passenger seat, and

they then drove away.316 At 5.23am, Teoh dropped Lang off outside safehouse2, and then returned home to Box Hill, arriving at about 6am.317

1. From about 6.30am onwards, police simultaneously executed search warrants at six properties, as described below.

Apartment 1412/545 Station Street, Box Hill (Teoh/Yan address)

1. During the search investigators located and seized the following items under warrant:
   1. Luxury watches including Rolex and Patek Phillipe brand with the

1. Jewellery, and accessories with the estimated value of approximately

1. Several mobile phones belonging to Teoh and Yan
2. $106,350 in cash
3. Commercial cash counting machine
4. 7.9 grams of methylamphetamine (Charge 6 - Teoh)
5. 4.8 grams of cannabis (Charge 7 - Teoh)
6. Teoh's 2018 Audi A4 registration AVM318 (purchased by Teoh in August 2021 for $28,000)

1. Teoh and Yan were present at the address, arrested and interviewed.

1. Teoh stated as follows:
   1. The phone using the "553" mobile number was his mobile phone and number (Q/A 107-109)
   2. He does not work, but supports himself by gambling and organising lotto and on-line gambling - he makes about $100,000 a year (Q/A178-183, 331- 336)
   3. Apartfrom $1200 which he won at the pokies, none of the money, jewellery or watches located at his address belonged to him - they belonged to Yan
   4. The cannabis and methylamphetamine at the apartment belonged to him -

a friend gave him these drugs and he smokes them sometimes (Q/A300- 328);

1. He knows Janet Tran as "the old lady" and met her through her son Jacky (Q/A418-424)
2. He initially answered "no comment" and denied involvement in any drug transactions (Q/A453-456)
3. As to the 11 May delivery at Reservoir, he then stated that he did not sell any drugs, but that he, Lang and Cheng had organised the transaction on behalf of Tran, for a combined total commission of $20,000 commission. Lang would collect the drugs from an unknown Vietnamese man, and they would take them to Tran's customers. (Q/A458-486)
4. Teoh did the same thing with Jacky Ong, arranging for Cheng to deliver heroin to Ong 3 or 4 times over a one year period. Ong would phone Teoh and ask for drugs. Teoh would buy the heroin in ounces or half ounces from an unknown Vietnamese man (Q/A482-509)
5. He later stated the Vietnamese man was Lang's friend, and that Teoh only contacts the Vietnamese man through Lang (Q/A537-544)
6. He clarified that he (Teoh) did not go to the Reservoir house for any transactions, but the money was later brought to his apartment - he referred

317 Exhibit 47 VP-2227 -37.7941109, 144.8474915; Exhibits 49 CCTV Station Street address.

to $420,000 on 26 April, which he thought would buy 2.5 or 2.6 kilograms of heroin (Q/A555-567)

1. He stated that they took $20,000 commission (to be shared between the 3 of

them - i.e. Teoh, Lang and Chen) from the 26 April transaction, and that Lang passed on the rest to the Vietnamese man (Q/A 581-584)

1. He stated they got $13000 or $15000 commission (split 3 ways) from the 11 May Reservoir transaction (Q/A642-649)

1. He admitted arrangingfor Cheng to take drugs to Tran's friend in Braybrook (Q/A757-768)
2. He denied arranging for Cheng to take drugs to Tran's friend in Sunshine (Q/A771-773)
3. He admitted going to Lang's house, but denied knowledge of any drug

preparation or storage at safehouse1 or safehouse2. He just dropped Lang off at 80 Royal Road, Braybrook but never went in.

Unit 2 / 21 Princess Avenue, Springvale (Cheng's address)

1. During the search investigators located and seized the following items under warrant:
   1. $12,950 in cash
   2. Several mobile phones belonging to Cheng
   3. 167.7 grams of heroin (of 78% purity)
   4. 6.8 grams of methylamphetamine (Charge 2 - Cheng)
   5. Commercial cash counting machine
   6. Lexus motor vehicle
2. Police found Cheng at Bayswater on 31 May, where he was arrested and his mobile phone seized.

1. In his police interview, Cheng:
   1. Admitted the mobile found on him was his mobile phone;
   2. Denied any involvement in drug trafficking;

1. Denied knowing Lang or Tran;
   1. Admitted he knew Teoh as "Tim" but never attended Teoh's address.

1. During the search investigators located and seized the following items under warrant:
   1. Several mobile phones;
   2. Large industrial scale hydraulic press;
   3. 12 metal press components and press plates;
   4. Commercial cash counting machine.

5 Teague Crescent, Braybrook (Lang/Loh residence)

1. During the search investigators located and seized the following items under warrant:
   1. Luxury watches with the estimated value of $128,050 (Charge 9 - Lang)
   2. Luxury handbags, clothing and accessories with the estimated value of

1. Jewellery and gold with the estimated value of $41,348 (Charge 9 - Lang)

1. Several mobile phones used by Lang and Loh
2. $398,246.30 in cash, in various locations throughout the house, including wooden floating shelf, safes, plastic shopping bags and pockets of clothing (Charge 8 - Lang)

1. During the search investigators located and seized the following items under warrant:
   1. Numerous phones and electronic devices
   2. 4.2 kilograms of heroin, 2.1 kilograms of which was contained in six x 350- gram rectangular packets (blocks) that had been wrapped in brown paper, embossed with the "Double Uoglobe Brand" (Double-Lion) logo and vacuumed sealed. A further 2.1 kilograms was divided into six x 350-gram bags that were yet to be compressed into blocks.
   3. "Double Uoglobe Brand" (Double-Lion) stickers consistent with the markings on the seized heroin; large roll of brown paper and pre-cut sections of brown paper (similar to that used to wrap the heroin in the seized blocks); heat sealer, sealing bags and blenders.
   4. Wallet containing $1,850 in Australian currency, driver licence and bank cards in the name of Jimmy Lang. (Charge 10 - Lang)

1. When police arrived at safehouse2 to execute the search warrant, Lang fled the premises through the back door. However, Lang later contacted the

investigators through his legal representative and attended Melbourne West Police Station on the 3 June 2022 where he was arrested and interviewed.

1. In his police interview, Lang:
   1. Admitted he resided at 5 Teague Crescent, Braybrook with his wife, two children and his sister;
   2. Said he used to work on a farm but now rarely worked, but occasionally helped his friends work at a restaurant for cash in hand, details of which he would not provide;
   3. Otherwise exercised his right to make no comment.

7 Minjah Court, Dingley Village (Tran's address)

1. Police executed a search warrant and Tran's address and arrested Tran. During the search, investigators located and seized the following items under warrant:
   1. Several mobile phones
   2. $19,500 cash (Charge 11 - Tran)

1. In her police interview, Tran:
   1. Admitted she used mobile number 0423 178 789 (Q/A81)
   2. Denied knowing Cheng (Q/A96-104)
   3. Denied knowing Teoh, and later said she knew "Tim", but she was no sure if that was who they were asking about, and he was just a friend (Q/A105- 115)
   4. Said that $20,000 in the house belonged to her 86 year old mother, for whom she was a carer. Tran said she had periodically withdrawn the cash from her

mother's bank account, where the mother had saved from her government benefits (Q/A160-179, 239-258)

1. Exercised her right to make no comment when specific transactions and

1. On 27 July 2022, police executed a search warrant at 3405/22 Jane Bell Lane, Melbourne (Mong's apartment), and arrested Mong.

1. Police seized the following from Mong's apartment:

1. 3 x Mobile phones
2. 84.2g of Cannabis (Charge 12 - Mong)
3. A tablet (MDMA - 0.2 grams of 15% purity) (Charge 13 - Mong)
4. Two small bags of crystal substance (methylamphetamine - 0.13g of 86% purity) (Charge 14 - Mong)
5. 4 tablets (methylamphetamine - 1.2g of 2-3% purity) (Charge 14 - Mong)
6. $3400 cash
7. 1 x iPad 1005

1. In his police interview, Mong said:
   1. He resides in the apartment at Jane Bell Lane by himself (Q/A 24-29)
   2. He goes to the restaurant at 207 Lonsdale Street 4-5 times a week to help his daughter in the kitchen (Q/A61-65)
   3. His mobile number is 0481 229 339 (Q/A47-48, 90-97)
   4. He has two other phones, but is not sure about the phone numbers. He uses these phones to communicate with girlfriends (Q/A49-55, 495)
   5. He could not remember phone number 0466 247 543 (subscribed in the name of Darryl MANEA of 32 West Parade, Buxton NSW) and does not know Manea (Q/A192)
   6. Some people refer to him as "Sin-Gaw" (Q/A181-189)
   7. When shown an image of Teoh, he said he didn't know his name, but knew him from when they met at Karaoke (Q/A 252-267).
   8. When shown an image of Cheng, he said "I think they call him 'Fat Boy'

(Q/A 248) and said he had met him at Karaoke, 9 point (Q/A286-294)

1. Said the tablets found in his apartment were ecstasy, that a friend had given him a long time ago and he had forgotten to use them (Q/A464-469)

1. As to the two bags of crystal substance, he can't remember and doesn't know (Q/A471-472)
2. The green vegetable matter in the kitchen was marijuana, and sometimes he smokes marijuana (Q/A476-477)
3. He sometimes uses methylamphetamine by swallowing it, or using a pipe

1. When specific allegations about phone conversations and relevant deliveries were put to him, he answered "I don't remember" or "I don't know", and denied involvement in any drug trafficking.

1. By the plea hearing date (16 October 2023) the offenders will have accrued the following amounts of pre-sentence detention (not including the day of the plea):
   1. Mong - 446 days

1. Mong has a relevant criminal history, which includes:

i. Traffick heroin (x2) - sentenced to 7 years on each charge, with total effective sentence of 9 years' imprisonment with a non-parole period of 6 years and 6 months.

[The Court of Appeal described the offending (at [8]): "In February 1999 the applicant supplied a 12½ ounce block of heroin to Y for

$47,000. It weighed 350.6 grams with a purity of 71.1%, equating to 249.2 grams of pure heroin (Count 2). In May 1999 the applicant agreed to sell another 12½ ounce block to Y for $46,000, but the sale did not eventuate as the applicant suspected that he was under surveillance (Count 3).]

1. Traffick large commercial quantity of heroin (1 December 2009 to 12 August 2010) - sentenced to 11 years and 6 months' imprisonment with a non-parole period of 8 years and 6 months.

[Sentence affirmed on appeal,319 where the Court of Appeal stated (at [4]) that Mong "was a senior member of the heroin trafficking enterprise managed by Chi Tu and Chi Ba. He was in a de facto relationship with Chi Tu. His primary role was sourcing and arranging the purchase of heroin from suppliers. A conservative calculation of the quantity of heroin sold by the enterprise is 11.1 kilograms."]

1. Teoh has a relevant criminal history as follows:

1. Possess methylamphetamine - convicted and fined $500

318 R v Mong [2002] VSCA 203 (Winneke P, Callaway and Batt JJA)

319 Mong v The Queen [2015] VSCA 33 (Osborn, Priest and Beach JJA).

1. Tran has a criminal history, of limited relevance for present purposes, as follows:
   1. 19/9/14 Dandenong Magistrates' Court

1. Deal with suspected proceeds of crime (adjourned undertaking)

1. Recklessly cause injury (without conviction, 12 month CCO with 150 hours work plus positive lifestyle program)
2. 10/7/17 Dandenong Magistrates' Court

1. Recklessly cause injury (resentenced - fined $750 with conviction)

Serious Offender Provisions of the Sentencing Act 1991

1. Mong has a prior conviction for Trafficking a Large Commercial Quantity of Heroin. Accordingly, he falls to be sentenced as a serious drug offender within the meaning of s 6B of the Sentencing Act 1991.

Section 6AAA of the Sentencing Act 1991

1. Section 6AAA of the Sentencing Act 1991 requires the Court to state and record the sentence/s which would have been imposed but for the pleas of guilty.

1. Disposal and forfeiture orders will be sought in relation to drugs, money and other items seized by police. The Crown will file and serve the forms of order prior to the plea hearing.

320 Where a given offender has resolved on the basis of an intentionto traffick less than the full amount of the drugactually tra fficked, theamount intentionally trafficked by that offender is sta ted in brackets next to their name.

SEIZURES NOT INCLUDED IN ABOVE TRANSACTIONS BUT TRAFFICKED (BASED ON POSSESSION FOR

321 Where a given offender has resolved on the basis of an intentionto traffick less than the full amount of the drugactually trafficked, the amount intentionally trafficked bythat offender is stated in brackets next to their name.