R v Smith; R v Campbell

CROWN MATERIAL ON SENTENCE

1. The Crown tendered the following material on sentence in respect of each offender: Exhibit A - Crown Sentence Summary, Notice of Committal, Court Attendance Notices and Section 166 Certificates, Agreed Facts, Photographs, Criminal History for each offender and Custodial History; Exhibit B - Form 1 documents; Exhibit C - Expert Certificate Daniel Coghlan, Forensic Chemist, dated 6 February 2018; Exhibit D - Statement of Detective Sergeant Bruce Groenewegen dated 28 March 2018; Exhibit E - Crown written submissions; Exhibit F - Statement of Detective Senior Constable Mark Spice dated 7 September 2017.

THE AGREED FACTS

1. These offences arise out of a surveillance device warrant at Lot 117 Commission Road, Howes Valley and eight associated search warrants executed at five addresses linked to the two co-offenders Sean Smith and Simon Campbell.
2. The offender Campbell became a member of the 'Lone Wolf Outlaw Motorcycle Gang' from 2008 and became Sergeant at Arms for the Mount Druitt chapter in April 2014. At the time of the offences Campbell was a full member of the 'Lone Wolf Outlaw Motorcycle Gang'.
3. The offender Smith has been a member of the 'Nomads Outlaw Motorcycle Gang' since 2005. From 2009 to 2012 the offender Smith held the position of Sergeant at Arms of the "Nomads Outlaw Motorcycle Gang' Penrith and City chapters. In this position the offender Smith was responsible for security and management of club weapons, including firearms. At the time of the offences the offender Smith was a full member of the 'Nomads'.
4. In February 2015, Police attached to Strike Force Raptor commenced 'Operation Hobbit' to investigate the activities of the offenders who were suspected to be involved in the manufacture of prohibited drugs, namely, methylamphetamine.

OFFENCES RELATING TO LOT 117 COMMISSION ROAD, HOWES VALLEY - (31 MARCH 2015 TO 29 APRIL 2015)

1. The offender Smith became the registered owner of the rural property Lot 117 Commission Road, Howes Valley in 2005. This property is approximately 148 kilometres north of Richmond, New South Wales and is approximately 30 kilometres off the Putty Road. The property is located in a secluded area; it is surrounded by bushland and is only accessible via a dirt road.
2. The property is surrounded by a barbed-wire fence. Access to the property is through a metal gate that was kept locked and shut by a chain and padlock. Situated on top of a hill on the property is a large cream coloured shed with a concrete floor and a kitchenette. The shed is surrounded on two sides by an awning with a concrete floor. The shed cannot be seen from the public roadway and is only accessible via a 300 metre dirt driveway.
3. On 23 March 2015, police were granted a surveillance device warrant in relation to the offender Smith.

SMITH H60367383/11, S 54 (4)(a) DRIVE WHILST LICENCE CANCELLED, S 166 CERTIFICATE

1. At 6.40am on 29 April 2015 the offender Smith was observed to drive his Nissan Navara to a service station at Colo Heights. The offender Smith's licence was cancelled at that date.

SMITH H6036383/1, CAMPBELL H57843356/1, S 24 (2)MANUFACTURE PROHIBITED DRUG, COMMERCIAL QUANTITY, METHYLAMPHETAMINE 641 GRAMS

CAMPBELL H60367383/12, S 36Z(1)(a) CONDUCT DRUG PREMISES, FORM 1 ATTACHING TO H60367383/1, AND CAMPBELL H57843356/4, S 36Z (1)(a) CONDUCT DRUG PREMISES, FORM 1 ATTACHING TO H57843356/9

1. Between 8am and 4.50pm on 29 April 2015 the offenders Smith and Campbell were monitored by Police within the shed at lot 117 Commission Road, Howes Valley manufacturing methylamphetamine:

• Smith and Campbell were both observed setting up equipment to manufacture the prohibited drug methylamphetamine.
• They were both recorded measuring and weighing precursors and other chemicals used to manufacture methylamphetamine.
• Smith was observed wearing protective breathing apparatus, and both Smith and Campbell were observed to be wearing gloves.
• Smith and Campbell were recorded discussing the manufacturing process, the time the process would take and the quality of the equipment being used. Smith and Campbell referred to previous instances where they had manufactured or attempted to manufacture methylamphetamine.
• Smith was captured stating that they had to have a possible yield of 5 kilos or 5 litres from their current manufacture.

1. On 29 April 2015, Police attended lot 117 Commission Road, Howes Valley to execute a crime scene warrant. The entrance gate to the property was locked and secured by a chain and padlock. Police cut the chain to allow access.
2. Police approached the shed on the property. Both offenders were arrested as they exited the shed. Smith and Campbell were cautioned and informed they were under arrest for drug manufacture.
3. Inside the shed, Police observed that the manufacture of methylamphetamine was in progress. A 40 litre custom-made stainless steel reaction vessel with an attached custom-made stainless steel condenser was in active reflux. There was liquid in the reaction vessel which was being heated by a gas hotplate. A petrol generator was running a small water pump, causing water to circulate around the condenser. Above the condenser was an extraction fan that was venting hot air to the rear of the shed.
4. The reaction vessel, the attached condenser and the liquid it contained was subsequently seized by Police and analysed. Analysis revealed the condenser contained 6114 grams of brown liquid methylamphetamine with a purity of 10.5%. The balance of the admixtures contained within the liquid were iodine, phosphorous sodium, N, N-dimethylamphetamine and small amounts of aluminium and iron. If refined the total amount of pure methylamphetamine which could have been extracted from the reaction vessel was 641 grams.
5. A short time later the area was declared safe by the Chemical Operations Unit (COU). That unit identified that an active clandestine laboratory was present,manufacturing methylamphetamine by the use of hypophosphorous acid, iodine and pseudoephedrine process.
6. Between 29 April 2015 and 30 April 2015, police further examined the items at the Howes Valley property. They located and subsequently analysed a number of items including the following:

SMITH H60367383/7, S 25 (1) SUPPLY PROHIBITED DRUG METHYLAMPHETAMINE 19.72 GRAMS, FORM 1 ATTACHING TO H60367383/1

CAMPBELL H57843356/7, SUPPLY PROHIBITED DRUG METHYLAMPHETAMINE 19.72 GRAMS

1. 19.72 grams of methylamphetamine with a purity of 80% was located inside a blue plastic container on a shelving unit inside the shed.

SMITH H60367383/6, S 10 (1) POSSESS PROHIBITED DRUG METHYLAMPHETAMINE 1.5 GRAMS, FORM 1 ATTACHING TO H60367383/1

CAMPBELL H57843356/6, S 10 (1) POSSESS PROHIBITED DRUG METHYLAMPHETAMINE 1.5 GRAMS, FORM 1 ATTACHING TO H60367383/7

1. 1.53 grams of methylamphetamine was located in a small resealable plastic bag in the kitchen area of the shed.

CAMPBELL H57843356/5 S 10 (1) POSSESS PROHIBITED DRUG METHYLAMPHETAMINE 2.92 GRAMS, FORM 1 ATTACHING TO H60367383/7

1. 2.92 grams of methylamphetamine was located in a small round plastic container inside the kitchen area of the shed.

SMITH H60367383/3, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION TO USE IN MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE 18.5 KILOGRAMS HYPOPHOSPHOROUS ACID

CAMPBELL H57843356/3 S 24A (1)(a) POSSESS PRECURSOR WITH INTENT TO USE IN MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE 18.5 KILOGRAMS HYPOPHOSPHOROUS ACID

1. 18.5 kilos of hypophosphorous acid was found within a 25 litre blue plastic cube container located on the outdoor front porch area and a 25 litre blue plastic cube container located on the outdoor table sink area.
2. A potential yield from 18.5 kilograms of hypophosphorous acid and 6.9 kilograms of pure iodine is 4.2 kilograms of pure methylamphetamine. In order to produce this yield, 6.9 kilograms of pseudoephedrine hydrochloride or 5.7 kilograms of pure pseudo (ephedrine) or ephedrine would be required. A total of 175 grams of pure ephedrine was identified at the property located in two plastic containers.

SMITH H60367383/8, S 11C (1) POSSESS INSTRUCTIONS FOR MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE, FORM 1 ATTACHING TO H60367383/3

CAMPBELL H57843356/8, S 11C (1) POSSESS INSTRUCTIONS FOR MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE, FORM 1 ATTACHING TO H57843356/1

1. A white Samsung tablet was located inside the offender Smith's white Nissan motor vehicle. Located on the tablet were numerous detailed instructions in relation to the manufacture of methylamphetamine.
2. A mobile phone located on a table inside the shed was found to contain numerous documents detailing instructions in relation to the manufacture of methylamphetamine.

SMITH H60367383/2, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN THE MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE, 6.966 KILOGRAMS OF IODINE, FORM 1 ATTACHING TO H60367383/3

CAMPBELL H57843356/2, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE, FORM 1 ATTACHING TO H57843356/3

1. 6.966 kilograms of iodine was found within a rectangular plastic container located on the outdoor front porch area and a 45 kilogram "Star-Chlon" white plastic pale located on the outdoor porch area.
2. Other chemicals associated with the manufacture of methylamphetamine were also located on the property.
3. In addition to the above, a number of household items commonly utilised in the manufacture of methylamphetamine were located by Police at the property, as detailed in the agreed facts.

OFFENCES ARISING OUT OF THE FIRST SEARCH WARRANT AT 542 TERRACE ROAD, FREEMANS REACH, SMITH'S RESIDENTIAL ADDRESS

1. On 1 May 2015, Police attended the residential address of the offender Smith at 542 Terrace Road, Freemans Reach and executed a search warrant.

SMITH H60367383/13, S 25 (2) SUPPLY PROHIBITED DRUG COMMERCIAL QUANTITY, METHYLAMPHETAMINE 993 GRAMS

1. During the execution of the search warrant the police located a bottle containing 993 grams of a cloudy liquid under the carport. This liquid was analysed and found to be base liquid methylamphetamine with a purity of 24.5%. The pure weight of methylamphetamine present in the bottle was 243 grams.

SMITH H60367383/9, S 25 (1) SUPPLY PROHIBITED DRUG, METHYLAMPHETAMINE 48.37 GRAMS - FORM 1 ATTACHING TO SEQUENCE 13

1. Police also located at the residence a plastic container containing 48.37 grams of methylamphetamine with a purity of 14.5%.
2. During the execution of the search warrant Police located:

• Seven mobile phones.
• Multiple documents in the name of Sean Smith.
• A handwritten note containing references to liquid weights, temperature and items used in the manufacture of prohibited drugs.

1. A number of household items frequently involved in the manufacture of prohibited drugs were also located by police at the residence.
2. Police also located a large number of items which had been used in the manufacture of methylamphetamine:

• Three electric woks each with brown staining. The staining was analysed and in each case was found to contain ephedrine or methylamphetamine;
• A plastic container containing 347 grams of brown cloudy liquid. Subsequent analysis revealed that it contained traces of ephedrine and methylamphetamine;
• A metal drum labelled 'methylated spirits' containing 62 grams of brown liquid ethanol. It was tested and found to contain less than 1% ephedrine;
• A plastic bucket with a lid containing 1864 grams of dark brown liquid. It was analysed and found to contain methylamphetamine and amphetamine;
• A plastic bucket with a lid containing 155 grams of white solid. It was analysed and found to contain methylamphetamine;
• A plastic tub containing 27.45 litres of liquid. It was tested and found to contain traces of methylamphetamine and ephedrine;
• Plastic funnels, plastic tubing and buckets.

1. A number of chemicals associated with the manufacture of methylamphetamine were also located at the property.

OFFENCES ARISING OUT OF SECOND SEARCH WARRANT AT 542 TERRACE ROAD, FREEMANS REACH, SMITH'S RESIDENTIAL ADDRESS

1. Tiarna Rose, a friend of the offender Smith, resided with the offender Smith at his house at 542 Terrace Road, Freemans Reach from October 2014 until his arrest. She continued to live there until early October 2015.
2. On several occasions during May 2015, Rose visited the offender Smith at Silverwater MRRC with the offender's girlfriend Mahalia Lang. During these visits the offender Smith told Rose where he had hidden some methylamphetamine at 542 Terrace Road, Freemans Reach.
3. Rose and Lang located a quantity of methylamphetamine where the offender Smith had hidden it:

• A clear plastic container with yellow electric tape on it. The container was full of yellow crystal. Rose and Lang weighed the contents of the container on a set of electronic scales, the scales measured 336 grams. Rose then placed the crystal substance back into the container.
• A small 'Nature's Own' container, which was more than half full of clear crystals. Rose and Lang weighed the contents of the container on a set of electronic scales, the scales measured 36 grams. Rose then placed the crystal substance back into the container.
• A plastic container with blue clips on the side. Rose and Lang weighed the contents of the container on a set of electronic scales, the scales measured 175 grams. Rose then placed the crystal substance back into the container.
• A white plastic 'Macca Gold' supplement container. Inside the container was a bright yellow liquid with crystals in it. The container was full and leaking. Its contents smelt strongly of chemicals.

1. During the next three months, Rose repacked the methylamphetamine. She hid some of it at 542 Terrace Road, Freemans Reach and then supplied various quantities of methylamphetamine to third parties at the direction of the offender Smith. She also collected and distributed moneys on behalf of Smith.
2. On 16 July 2015, police attended the residential address of the offender Smith at 542 Terrace Road, Freemans Reach and executed a criminal assets recovery search warrant.

SMITH H60367383/18, S 25 (1) SUPPLY PROHIBITED DRUG, METHYLAMPHETAMINE 7.5 GRAMS - FORM 1 ATTACHING TO H06367383/13

1. During the execution of the search warrant, Police located 7.5 grams of methylamphetamine inside a clear plastic resealable bag. The plastic bag was located inside a bedroom wardrobe.

SMITH H60367383/19, S 25 (1) SUPPLY PROHIBITED DRUG, METHYLAMPHETAMINE 19.8 GRAMS - FORM 1 ATTACHING TO H06367383/13

1. In the same room, Police also located 19.8 grams of methylamphetamine with a purity of 79% located in a clear plastic resealable bag. The plastic bag was hidden inside a VHS player on the bedside table.
2. Sometime between 1 August 2015 and 27 August 2015 Tiarna Rose decided that she did not want to get into any more trouble, so she threw away the remaining methylamphetamine that she had hidden for the offender Smith.
3. On 28 August 2015, Police attended the residential address of the offender Smith at 542 Terrace Road, Freemans Reach and executed a search warrant. During the execution of a search warrant, Police located items that Tiarna Rose had thrown into the bin:

• The white 'Macca Gold' container containing a yellow crystalline substance containing 71.9 grams of methylamphetamine with a purity of 81%.
• The clear plastic rectangular container with yellow tape containing 2.63 grams of methylamphetamine with a purity of 81.5%; and
• The clear plastic container with blue clips containing 0.62 grams of methylamphetamine.

OFFENCES ARISING OUT OF SEARCH WARRANT EXECUTED AT CAMPBELL'S RESIDENTIAL ADDRESS IN PENRITH

1. On 1 May 2015, Police attended the residential address of the offender Campbell at 27 Nash Street, South Penrith and executed a search warrant. The offender Campbell had been residing at this address since 2013. Another 'Lone Wolf Motorcycle Gang' member was also residing at the address on 1 May 2015.

CAMPBELL H57843356/9, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION TO USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, IODINE 20 KILOS

1. During the execution of a search warrant, police located a cardboard box containing 20 kilos of iodine in a hallway cupboard.
2. Police also located at the property:

• A white bucket labelled "pool chlorine" containing 4.7 grams of brown liquid. Subsequent analysis revealed that the liquid contained pseudoephedrine;
• A white plastic cube container labelled "methylated spirits" and containing brown staining. Subsequent analysis revealed that the brown staining contained pseudoephedrine;
• Heavy duty gloves located in the kitchen, (these gloves were similar in appearance to those found at lot 117 Commission Road, Howes Valley). Subsequent analysis revealed the offender Campbell's DNA on one of those gloves;
• An ASIC letter addressed to 'Sean Smith Investment Pty Limited';
• A receipt in the sum of $61.50 from 'Bunnings Warehouse' Penrith for methylated spirits;
• An invoice from Sydney Solvents for $435.60 for a 200 litre drum of acetone purchased on 7 April 2015;
• A 'Good Guys' receipt dated 4 April 2015 for the purchase of a Sunbeam frypan and 1 metre of lighting cable;
• A large modified silver saucepan with lid. Subsequent analysis revealed the offender Campbell's fingerprints on this item.

1. A number of chemicals associated with the manufacture of methylamphetamine were also located at the property.

OFFENCES ARISING OUT OF SEARCH WARRANT AT UNIT 17/72 TO 80 PERCIVAL ROAD, SMITHFIELD

1. The offender Campbell regularly frequented an address in Percival Road, Smithfield. The address was a mechanic's workshop and attached office. The offender was monitored by police surveillance and CCTV footage attending this address on 17 April 2015 and 23 April 2015.

CAMPBELL H57843356/14, S 527C(1)(b) GOODS SUSPECTED STOLEN IN CUSTODY OF ANOTHER, 'HARLEY DAVIDSON' MOTORBIKE - FORM 1 ATTACHING TO H57843356/1

1. Police searched the unit and located:

• A Harley Davidson motorbike at the rear of the workshop. The bike was in a state of disrepair with much of the brake assembly missing;
• Numerous items of 'Lone Wolf' clothing;
• One blue drum containing acetone at the rear of the warehouse. A sticker on the side of the drum indicated a gross weight of 178 kilograms; and
• A metal drum at the rear of the workshop which contained toluene.

1. During the course of the search warrant, Police located a box trailer owned by the offender Campbell. The box trailer was totally enclosed, made of steel, had three lockable access points and had panels which opened each side.

CAMPBELL H57843356/10, S 24A(1)(b) POSSESS DRUG MANUFACTURE APPARATUS TO PRODUCE PROHIBITED DRUGS - FORM 1 ATTACHING TO H57843356/9

1. When police searched the trailer, they located and seized 83 items in total, including:

• One 500 millilitre round-bottomed flask;
• One 1000 millilitre round-bottomed flask;
• One glass condenser; and
• One glass splash head.

CAMPBELL H57843356/11, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, 119 GRAMS OF HYPOPHOSPHOROUS ACID - FORM 1 ATTACHING TO H57843356/9

1. A glass container which contained 119 grams of hypophosphorous acid was located.

CAMPBELL H57843356/12, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN THE MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, 959 GRAMS OF IODINE - FORM 1 ATTACHING TO H57843356/9

1. A cardboard container with 959 grams of iodine in the form of grey metallic prills was located.
2. Inside the box trailer, Police located multiple items that had been used in the manufacture of ephedrine and other items containing waste liquids from the methylamphetamine manufacture process.
3. A number of chemicals associated with the manufacture of methylamphetamine were also located in the box trailer.
4. A number of household items frequently involved in the manufacture of prohibited drugs were also found in the box trailer, some of which analysis suggested being used in the past manufacture of methylamphetamine.

OFFENCES ARISING OUT OF SEARCH WARRANT AT UNIT 136/122 HAM STREET, SOUTH WINDSOR

1. 'Hawkesbury Self Storage' is a private business address comprised of a collection of self-storage units available for rent to members of the public. The offender Smith has been renting the unit since 23 February 2001.
2. On 9 June 2015 Police attended 'Hawkesbury Self Storage' in South Windsor and executed a search warrant. The unit was locked and secured.

SMITH H61156083/6, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE PROHIBITED DRUGS METHYLAMPHETAMINE, 936.27 GRAMS OF PSEUDOEPHEDRINE

1. During the execution of the search warrant, pseudoephedrine in a quantity of approximately 2000 tablets was located inside the storage unit.
2. The total weight of commercially manufactured pharmaceutical preparation tablets containing pseudoephedrine was 488.8 grams.
3. The total weight of tablets that were not commercially manufactured pharmaceutical preparations was 447.47 grams. The total quantity of pseudoephedrine located in the unit was 936.27 grams. The total amount of pure pseudoephedrine located within the unit was 135.6 grams.
4. The potential yield from 135.6 grams of pure pseudoephedrine is 101 grams of pure methylamphetamine. In order to achieve that yield, 166 grams of 50% hypophosphorous acid and 166 grams of iodine would be needed.
5. During the execution of the search warrant Police located and subsequently analysed a number of items that the co-offenders Smith and Campbell jointly possessed.

SMITH H61156083/44, S 24A (1)(a) POSSESS PRECURSOR WITH INTENT FOR USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, RED PHOSPHOROUS 6.467 KILOGRAMS - FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/8 S 24A(1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, RED PHOSPHOROUS 6.467 KILOGRAMS

1. 6.467 kilograms of red phosphorous was located in two plastic containers.

SMITH H61156083/1, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION TO USE IN MANUFACTURE PROHIBITED DRUGS METHYLAMPHETAMINE, 2.749 KILOGRAMS OF IODINE - FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/1, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION TO USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, 2.749 KILOGRAMS OF IODINE - FORM 1 ATTACHING TO H58887059/8

1. 2.749 kilograms of iodine was located in a glass jar containing 48 grams of iodine, a white 'Maxipai' brand plastic bucket containing 2279 grams of iodine, and a brown plastic bucket with a black lid containing 422 grams of iodine.

SMITH H61156083/2, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE, HYPOPHOSPHOROUS ACID 444 GRAMS - FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/2, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE OF PROHIBITED DRUGS METHYLAMPHETAMINE, HYPOPHOSPHOROUS ACID 444 GRAMS - FORM 1 ATTACHING TO H58887059/8

1. 444 grams of hypophosphorous acid was located in three items within the storage shed.

SMITH H61156083/3, S 24A (1)(b) POSSESS DRUG MANUFACTURE APPARATUS TO PRODUCE PROHIBITED DRUGS - FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/3, S 24A(1)(b) POSSESS DRUG MANUFACTURE APPARATUS TO PRODUCE PROHIBITED DRUG - FORM 1 ATTACHING TO H58887059/8

1. A number of glass flasks and condensers were located that were used to be used in the manufacture process.

SMITH H61156083 SEQUENCE 4, S 11C(1) POSSESS INSTRUCTIONS FOR THE MANUFACTURE OF PROHIBITED DRUG, FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/4, S 11C SUBS 1 POSSESS INSTRUCTIONS FOR MANUFACTURE OF PROHIBITED DRUG METHYLAMPHETAMINE - FORM 1 ATTACHING TO H58887059/8

1. A book titled "Secrets of Methylamphetamine Manufacture by Uncle Fester 5th Edition" and two CDs containing detailed steps and information in relation to the manufacture of methylamphetamine were located.

SMITH H61156083/43, S 24A (1)(a) POSSESS PRECURSOR WITH INTENTION FOR USE IN MANUFACTURE PROHIBITED DRUGS, HYDROIODIC ACID 668 GRAMS - FORM 1 ATTACHING TO H61156083/6

CAMPBELL H58887059/7, S 24A (1)(a) POSSESS PRECURSOR WITH INTENT FOR USE IN MANUFACTURE OF PROHIBITED DRUGS, HYDROIODIC ACID 668 GRAMS - FORM 1 ATTACHING TO H58887059/8

1. 668 grams of hydroiodic acid was located in two glass bottles.
2. A number of chemicals associated with the manufacture of methylamphetamine were also located within the unit.
3. A number of household and scientific items frequently involved in the manufacture of prohibited drugs were located within the storage unit, some of which had been used in the manufacture of methylamphetamine.

FIREARM OFFENCES - SMITH ONLY

1. The offender Smith is not authorised by licence or permit to possess any firearms or ammunition within the State of New South Wales. The offender Smith was formally issued with a Firearms Prohibition Order under the provisions of s 73 of the Firearms Act on 4 October 2014.
2. During the execution of the search warrant on the storage unit on 9 June 2015 Police located a number of firearms and a quantity of ammunition.
3. The precise 'ownership' of the firearms located within the storage unit remains unclear. The offender Smith possessed these items in his capacity as a member of the 'Nomads Outlaw Motorcycle Gang'. The offender Smith was responsible for the security of the weapons including firearms. In relation to one of the firearms, an inquiry was made to the friend of the offender Tiarna Rose by a 'club associate' who claimed ownership of one of the firearms that the offender was storing. This inquiry was made after the offender's arrest and remand in custody.

SMITH H61156083/42, S 51D (2) POSSESS MORE THAN THREE UNREGISTERED FIREARM IN AGGRAVATED CIRCUMSTANCES, ONE OF WHICH IS PROHIBITED

1. Police located a total of seven firearms in the storage unit, six of which were prohibited firearms.

SMITH H61156083/7, S 7A (1) POSSESS UNAUTHORISED FIREARM, 22-250 REMINGTON MODEL 700 BOLT-ACTION SNIPER RIFLE - FORM 1 ATTACHING TO H61156083/42

SMITH H61156083/8, S 39 (1)(a) NOT KEEP FIREARM SAFELY, 22-250 REMINGTON MODEL 700 BOLT-ACTION SNIPER RIFLE - FORM 1 ATTACHING TO H61156083/42

SMITH H61156083/9, S 74(1) BREACH FIREARM PROHIBITION ORDER, 22-250 REMINGTON MODEL 700 BOLT-ACTION SNIPER RIFLE - FORM 1 ATTACHING TO H61156083/13

1. At the rear of the storage shed Police located a white sheet and white set of overalls which were wrapped over a 22-250 Remington model 700 bolt-action sniper rifle. Located near the rifle in a blue bag was a rifle bipod and scope.
2. The firearm has since been identified as one of four firearms that were stolen between 28 June 2009 and 29 June 2009 from Richmond, New South Wales. Also stolen were over 500 rounds of assorted ammunition. Some of the ammunition located in storage unit 136 has since been identified by the victim as also being stolen from him in 2009.

SMITH, H61156083/12, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, COLT AR-15, .223 CALIBRE SEMI-AUTOMATIC RIFLE - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/13, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, COLT AR-15, .223 CALIBRE SEMI-AUTOMATIC RIFLE

SMITH, H61156083/14, SECTION 7(1), POSSESS PROHIBITED WEAPON, WEAPONS PROHIBITION ACT, TEN ROUNDS, MAGAZINES X 5, FORM 1 ATTACHING TO H61156083/42

1. In the right hand corner of the shed, Police observed a number of rifle bags and rifles wrapped up in towels. Police located a black rifle bag which contained five magazines which contained:

• 5 magazines which contained numerous rounds of ammunition in each magazine. Each magazine held more than 10 rounds of ammunition.
• A Colt AR-15 .223 calibre semi-automatic rifle. The Firearms Registry has confirmed that this firearm is unregistered.
• An attached scope and bipod stand for the rifle.

SMITH, H61156083/17, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, .38 CALIBRE FIREARM, PEN GUN - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/18, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, .38 CALIBRE FIREARM, PEN GUN, FORM 1 ATTACHING TO H61156083/13

1. On the ground near the rifles inside a paper bag, Police located a .38 calibre firearm, 'pen gun'. The Firearms Registry has confirmed that this firearm is unregistered.

SMITH, H61156083/21, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, RUGER BRAND MINI, 14 .223 CALIBRE SEMI-AUTOMATIC RIFLE - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/22, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, RUGER BRAND MINI, 14 .223 CALIBRE SEMI-AUTOMATIC RIFLE - FORM 1 ATTACHING TO H61156083/13

SMITH, H61156083/23, SECTION 7(1), POSSESS PROHIBITED WEAPON, WEAPONS PROHIBITION ACT, TEN ROUNDS, MAGAZINES X 3 - FORM 1 ATTACHING TO H61156083/42

1. In the right hand corner of the storage unit, Police located a green coloured rifle bag which contained five empty magazines, 3 of these magazines were capable of holding 10 rounds of ammunition. Also located inside the bag was a Ruger brand mini 14 .223 calibre semi-automatic rifle. The Firearms Registry has confirmed that this firearm is unregistered.

SMITH, H61156083/26, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, 12 GAUGE PUMP ACTION SHOTGUN - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/27, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, 12 GAUGE PUMP ACTION SHOTGUN - FORM 1 ATTACHING TO H61156083/13

1. In the right hand corner of the storage unit, Police located a multi-coloured towel which was wrapped around a 12 gauge pump action shotgun. The Firearms Registry has confirmed that this firearm is unregistered.

SMITH, H61156083/30, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, A REMINGTON SAVAGE BRAND .223 CALIBRE RIFLE WITH SCOPE - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/31, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, REMINGTON SAVAGE BRAND .223 CALIBRE RIFLE WITH SCOPE - FORM 1 ATTACHING TO H61156083/3

1. In the right hand corner of the storage unit, Police located one yellow bed sheet which was wrapped around a brown rifle bag. Inside the rifle bag Police located a Remington Savage brand .223 calibre rifle with scope. The Firearms Registry has confirmed this firearm is unregistered.

SMITH, H61156083/34, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, 12 GAUGE SAWN OFF, SHORTENED, SINGLE BARREL SHOTGUN - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/35, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, 12 GAUGE SAWN OFF, SHORTENED, SINGLE BARREL SHOTGUN - FORM 1 ATTACHING TO H61156083/13

1. In the right hand corner of the storage unit, police located a blue towel which was wrapped around a 12 gauge sawn off shortened single barrel shotgun. The Firearms Registry has confirmed this firearm is unregistered.

SMITH, H61156083/38, SECTION 39(1)(a), NOT KEEP FIREARM SAFELY, .22 CALIBRE FIREARM, PEN GUN - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/39, SECTION 74(1), BREACH FIREARM PROHIBITION ORDER, .22 CALIBRE FIREARM, PEN GUN - FORM 1 ATTACHING TO H61156083/13

1. On the floor directly underneath and next to the firearms in the right hand corner of the shed were three white cloth money bags and one white plastic bag which contained ammunition. Inside one of the cloth bags Police found a home made .22 calibre firearm 'pen gun'. The Firearms Registry has confirmed that this firearm is unregistered.

SMITH, H61156083/40, SECTION 65(3), POSSESS AMMUNITION WITHOUT PERMIT OR LICENCE - FORM 1 ATTACHING TO H61156083/42

SMITH, H61156083/41, SECTION 74(3), BREACH PROHIBITION ORDER - FORM 1 ATTACHING TO H61156083/13

1. During the execution of a search warrant Police located ammunition for the multiple calibres of firearms, including:

• Sixty-five .223 calibre rounds of ammunition;
• One hundred and seven 12 gauge rounds of ammunition;
• Twenty-eight .308 calibre rounds of ammunition;
• Eleven 22 to 250 rounds of ammunition;
• Fourteen .38 calibre small rounds of ammunition;
• Six 38 special rounds of ammunition;
• Nineteen 30 rounds of ammunition;
• Twenty 7 millimetre rounds of ammunition;
• Two hundred .357 calibre rounds of ammunition;
• One hundred .22 calibre rounds of ammunition;
• Fifty x .38 calibre rounds of ammunition;
• Five hundred .223 calibre Remington brand ammunition;
• Thirty‑four magazines, each containing ten rounds per magazine of 223 calibre Remington brand ammunition, 340 rounds in total;
• One hundred and fifty rounds of 'Fiocchi' brand .45 calibre ammunition; and
• Twenty rounds of .223 ammunition.

1. During the search, a white plastic bag containing 100 to 150 rounds of Blazer brand .357 rounds of ammunition was also seized. This plastic bag was forensically examined. The offender Smith's fingerprints were identified on this bag.
2. During the execution of a search warrant, Police located used ammunition cartridges. Subsequent ballistics analysis confirmed that these cartridges had been discharged by one of the rifles located inside the storage unit.
3. On 30 July 2015, Police attended MRRC Gaol and placed the offender Smith under arrest for the offences arising out of the search warrant executed at unit 136/122 Ham Street, South Windsor on 9 June 2015.
4. Those agreed facts clearly disclose very serious objective criminality.
5. The crimes of manufacturing and supplying prohibited drugs are regarded by the courts as extremely serious in circumstances where there are very significant detrimental effects to the community.
6. The manufacture and supply of prohibited drugs destroys the lives of individuals, disrupts families and generates a significant cost to the community, both socially and financially.
7. The community expects, and is entitled to expect, that persons who commit these offences will face condign punishment.
8. The sentences imposed for such offending must ensure the offender is adequately punished and made accountable for the conduct, reflect the need for denunciation of the conduct, and ensure that the offender and others are deterred from committing similar offences - (see section 3A, Crimes (Sentencing Procedure) Act 1999).
9. The offender's role and the level of criminality involved is more important in determining a sentence than the quantity of drugs involved.
10. In Melikian v R [2008] NSWCCA 156 at [42], Price J, (with whom Spigelman CJ and Hidden J agreed), stated as follows: "It is well established that the quantity of the drugs is not the sole, or even the principal determinant for sentencing in relation to drug offences. As was pointed out by Wood CJ at CL in R v MacDonnell (2002) 12 ACrimR 44 at [33]: 'What is more important is the role of the offender and the level of his or her participation in the offence;subject, of course, to the fact that, in relation to supply offences under State law, there is a gradation of seriousness reflected by an increase in the penalty as the quantity of drug involved moves into those levels which answer the descriptions of a commercial quantity or of a large commercial quantity'."
11. In sentencing for the firearm offences general deterrence has an important role to play. Members of the community must well understand that courts will impose very significant punishment upon individuals who illegally possess firearms.
12. The courts are concerned to ensure that the penalties imposed deter members of the community from the illegal possession of firearms. This promotes the protection and safety of the community. Clearly unregistered firearms in the community create a very significant risk, particularly when they are stored on behalf of an outlaw motorcycle gang.

ASSESSMENT OF OBJECTIVE SERIOUSNESS

1. In assessing the objective seriousness of the offence of manufacture 641 grams of methylamphetamine (100% pure) (Smith and Campbell), I have taken into account the following factors: 1. The quantity of the prohibited drug manufactured was 641 grams of methylamphetamine. The purity was 100%. As at the date of the commission of the offence, the prescribed commercial quantity was 250 grams and the large commercial quantity was 1 kilogram. 2. The operation was large-scale and well organised with a large amount of equipment brought to the remote rural site for the purpose of manufacture. Photos numbered 1 to 9 in Crown exhibit A show the nature and extent of the manufacture. The metal reaction vessel being used had the capacity to manufacture large batches (up to 6 kilos) of methylamphetamine per batch (see the Expert Report of Daniel Coghlan, paragraph 19, exhibit C). 3. The operation was clearly for the purpose of financial reward. 4. The role of each offender - I am satisfied that each offender was actively involved in the setup of the equipment and the subsequent manufacturing process at the remote rural property. Each offender was involved in measuring and weighing precursors and other chemicals to be used in the manufacturing process. On the day that each offender was arrested police observed that the manufacture of methylamphetamine was in progress. A 40 litre custom-made stainless steel reaction vessel with an attached custom made stainless steel condenser was in active reflux. It was within this reaction vessel that 6114 grams of brown liquid methylamphetamine was located.
2. I am satisfied that the role of Smith is slightly greater than that of Campbell in circumstances where Smith owned the rural property where the manufacture took place.
3. Having regard to the abovementioned factors I am satisfied that the objective criminality is just above the middle of the range of objective seriousness.

SUPPLY COMMERCIAL QUANTITY METHYLAMPHETAMINE (993 GRAMS), (SMITH ONLY)

1. In assessing the objective seriousness of this offence, I have taken into account that the quantity of prohibited drug was 993 grams, the prescribed commercial quantity being 250 grams and the large commercial quantity being 1 kilogram. This quantity relates to a bottle of cloudy liquid found in the carport of Smith's residential address. The cloudy liquid was found to be liquid methylamphetamine with a purity of 24.5%. The pure weight of methylamphetamine present in the bottle was 243 grams.
2. Having regard to those matters, I am satisfied that the objective criminality in respect of this offence is in the middle of the range of objective seriousness.

SUPPLY METHYLAMPHETAMINE (19.72 GRAMS) (CAMPBELL ONLY)

1. In relation to this offence, the indictable quantity is 5 grams. The purity of that drug was 80%. Having regard to the quantity and the purity, I am satisfied that the objective criminality of this offence is towards the lower end of the range.

POSSESS HYPOPHOSPHOROUS (18.5 KILOGRAMS) (SMITH AND CAMPBELL)

1. This offence relates to 18.5 kilograms of hypophosphorous found in a 25 litre container at the Howes Valley rural property. The potential yield from 18.5 kilograms of hypophosphorous acid is 4.2 kilos of pure methylamphetamine. I am satisfied that the objective criminality of this offence is well above the mid-range of offending.

POSSESS PSEUDOEPHEDRINE (936.27 GRAMS) (SMITH ONLY)

1. This offence relates to 936.27 grams of pseudoephedrine found in the storage unit at South Windsor. The pseudoephedrine was contained in over 2000 tablets. The total amount of pure pseudoephedrine was 135.6 grams. The potential yield from 135.6 grams of pure pseudoephedrine is 101 grams of pure methylamphetamine.
2. I am satisfied that the objective criminality in respect of this offence is below the middle of the range of offending.

POSSESS IODINE (20 KILOGRAMS) (CAMPBELL ONLY)

1. Having regard to the quantity of the precursor found in relation to this offence, I am satisfied that the offending is well above the mid-range of offending.

POSSESS RED PHOSPHOROUS (6.467 KILOGRAMS) (CAMPBELL ONLY)

1. Having regard to the quantity of precursor possessed, I am satisfied that this offending is above the mid-range for this offence.
2. In assessing the relative criminality of the possess precursor offences, I have had regard to the evidence of Daniel Coghlan, Forensic Chemist (see exhibit C), specifically paragraph 18, which states as follows: "A commonly encountered method for the manufacture of methylamphetamine from pseudoephedrine or ephedrine with hypophosphorous acid and iodine uses a weight ratio of 1:1:1 of the precursors. The yield may vary depending upon the skill of the operator, the quality of chemicals used and the method undertaken."

POSSESS MORE THAN THREE UNREGISTERED FIREARMS IN AGGRAVATED CIRCUMSTANCES, ONE OF WHICH IS PROHIBITED (SEVEN FIREARMS, SIX OF WHICH WERE PROHIBITED) (SMITH ONLY)

1. In assessing the objective seriousness of this offence I have had regard to Taylor v R [2018] NSWCCA 50 and taken into account the following factors: 1. The quantity and type of firearms found namely, seven firearms six of which were prohibited. 2. The firearms were found immediately proximate to over 1000 rounds of ammunition. 3. The firearms were found inside a storage shed. Whilst the shed was secured the weapons were unsecured inside the shed. 4. The role of the offender Smith in relation to the weapons. Here, the offender Smith was storing weapons in his capacity as a member of the Nomads Outlaw Motorcycle Gang. The offender Smith was responsible for the security of the weapons. Clearly, this created a very significant risk to public safety.
2. Having regard to these factors, I am satisfied that the offending is well above the mid-range of offending for this type of offence. This is particularly so because of the purpose of the storage, namely for and on behalf of the Nomads Outlaw Motorcycle Gang.

POSSESS PROHIBITED FIREARM (COLT AR-15, .223 CALIBRE SEMI-AUTOMATIC RIFLE (SMITH ONLY)

1. In assessing the objective seriousness of this offence, I have had regard to the following factors: 1. The nature of the firearm, namely, a semi-automatic .223 calibre military assault rifle (see photo 10, exhibit A). 2. The firearm was found in a bag with five magazines each loaded with ammunition and an attachable scope and bipod stand. 3. The firearm was found inside a storage shed. Again, whilst the shed was secured the weapon was unsecured. 4. I have also taken into account the role of the offender as previously outlined.
2. Having regard to the above factors, I am satisfied that the objective seriousness is in the middle of the range for this offence.

AGGRAVATING FEATURES

1. The offender Smith was on a bond at the time of the offences. The bond had been imposed at Parramatta Local Court on 25 March 2015 for an offence of habitually consort with convicted offenders after a warning (section 93X(1) of the Crimes Act).

SUBJECTIVE CIRCUMSTANCES (SMITH)

1. The offender is now 49 years old.
2. He has a criminal history. In 1997 he was convicted of commit act of animal cruelty and sentenced to a fixed term of six months; possess housebreaking implements, (minimum term nine months, additional term three months); possess firearm without a licence, (non-parole period nine months, balance of term three months); use firearm without a licence, (non-parole period nine months, balance of term three months); possess prohibited article, (non-parole period nine months, balance of term three months).
3. The offender appealed against the severity of those sentences and was fined in lieu of custody and placed on a section 558 recognizance.
4. In 2003 he was convicted of an offence of assault occasioning actual bodily harm; (non-parole period nine months, balance of term three months); and destroy property, (fined $300).
5. On appeal, the custodial term was varied to be a period of periodic detention.
6. In 2006 he was dealt with for an offence of common assault, (section 12 suspended sentence for six months); drive vehicle with intent to menace, (fine); and stalk or intimidate, (section 9 bond).
7. In 2012 he was dealt with for an offence of possess prohibited weapon, (fine $100); affray, (fine); possess prescribed restricted substances x 2, also fined.
8. In 2015 he was dealt with for the offence of consorting with convicted offenders. He was fined $2000 and placed on a 12 month non-association order.
9. The offender has also been dealt with for numerous driving matters.
10. The offender's criminal history disentitles him to any leniency on sentence. His previous convictions for firearm offences require that the sentence imposed reflect considerations of both specific and general deterrence.
11. The following material was tendered on behalf of the offender Smith on sentence: 1. Report of Sam Borenstein, clinical psychologist dated 10 October 2017; 2. Clinical notes, NSW Justice Health; 3. Birth certificate Sean O'Grady; 4. Affidavit of Merrilyn Anne Bulder 17 October 2017; 5. Affidavit of Matthew Smith 18 October 2017; 6. Letter under the hand of Anne Shannon 18 October 2017; and 7. Defence written submissions.
12. The offender's background is outlined in the report of Sam Borenstein, (Exhibit 1) and the affidavit of Meryl Anne Bulder (Exhibit 4).
13. The offender was born in Auburn and is the youngest of four children.
14. When he was about 12 years old his parents separated. He remained living with his father whilst his siblings lived with his mother. He reported that his father drank to excess with instances of physical and psychological abuse. He was fearful of his father.
15. The offender attended Cranebrook Primary School and was Dux in year six. He then attended Penrith High School. By this time his parents had separated. In high school there was a decline in his academic performance. He reported being bullied in high school due to his size.
16. The offender left school in year 11. He commenced work as a waiter, leaving after six months due to a back injury. He then worked in labouring, bricklaying and factory work.
17. He completed a printing apprenticeship and was employed by a printing company for four years.
18. He left printing and sought a career in kickboxing and boxing. He began taking steroids at the age of 20, which he took intermittently for a number of years. He was unable to make a living in this career because of his low testosterone levels. He became a bouncer and ran his own security company for ten years.
19. At the time of the offences, the offender was employed full time in a skip bin business. He conducted this business for over eight years. He had lived in his house at Freemans Reach for 17 years.
20. In 2002 his father passed away, which had a significant emotional impact upon the offender. His use of marijuana, alcohol and other drugs increased. Shortly thereafter he married his long-time girlfriend. The marriage ended within four months and she returned to the United States.
21. The offender reported that he had experienced depression since 2002, coinciding with the death of his father and his failed marriage. He self‑medicated with various forms of drugs. His depression was further exacerbated in 2011 when he was involved in a motorbike accident (see clinical notes Exhibit 2 that identify ongoing health difficulties as a consequence of the accident). He seriously injured his right ankle and was told that his foot was considered for amputation. His foot was saved by the insertion of numerous plates and screws.
22. The offender reported being on painkillers 'on and off' following his motorcycle accident. The offender then became addicted to prescription medication namely OxyContin, Endone and Lyrica. He also used ice and marijuana.
23. The offender described to the psychologist that he was "somewhat of a loner", but wanted human contact which led to him joining the Nomads Motorcycle Gang.
24. It was submitted on behalf of the offender that there was a causal link between the offender's mental health and his offending, because his offending led to him joining the Nomads Motorcycle Gang.
25. Whilst I propose to take into account the offender's mental health issues, I am not satisfied there is any established causal connection with respect to the offending which reduces his moral culpability.
26. The offender's family remain supportive of him (see Affidavits of Meryl Bulder, (the offender's sister) - Exhibit 4 and Matthew Smith, (the offender's brother) - Exhibit 5 and letter from Anne Shannon, (the offender's mother).
27. The offender reported being abstinent from drugs whilst in custody.
28. On examination, Mr Borenstein was of the opinion that the offender's mood was mildly depressed. There was no suggestion of any serious psychiatric disorder.
29. Mr Borenstein considered the offender presented with Major Depression and a substance use disorder currently in remission.
30. It was noted that the offender had not participated in any intensive psychological treatment however, is motivated to undertake such treatment.

PROSPECTS OF REHABILITATION

1. The offender Smith told Mr Borenstein that he is now motivated towards his own rehabilitation. He has also reported that he has remained abstinent from drugs whilst in custody. Despite these positive steps, any assessment of his prospects of rehabilitation must remain guarded because he has accepted that he has ongoing contact with members of the Nomads Outlaw Motorcycle Gang (see Exhibit B - paragraph 13).
2. Similarly, in such circumstances I am unable to find that he is unlikely to reoffend.
3. There was no evidence given during the sentencing proceedings by the offender with respect to remorse.

SPECIAL CIRCUMSTANCES

1. It was submitted on behalf of the offender Smith that I would find special circumstances and vary the statutory ratio between the non-parole period and the parole period in circumstances where: 1. custody is more onerous for the offender Smith having regard to his poor physical health (see exhibit 2, clinical notes, NSW Justice Health); and 2. the need for an extended period on parole to facilitate treatment for his depression.
2. Having regard to those factors, I am satisfied that special circumstances have been established. Accordingly, I propose to vary the ratio between the non-parole period and the parole period pursuant to section 44(2) of the Crimes (Sentencing Procedure) Act.

SUBJECTIVE CIRCUMSTANCES (CAMPBELL)

1. The offender Campbell is now 44 years old.
2. He has a criminal history commencing in 1994 as an adult when he was convicted of cancelled drive and state false name. In respect of each of these offences he was fined.
3. In 2005 he was dealt with for an offence of larceny. He was originally sentenced to 200 hours community service. On appeal, in lieu of that sentence, a bond was imposed. In 2005 he was also sentence for an offence of possess prohibited drug, in respect of which he was fined.
4. In 2009 he was dealt with for the following offences: possess shortened firearm, (sentence to two years imprisonment); possess unauthorised pistol, (sentenced to imprisonment for three years and six months with a non-parole period of two years); supply prohibited drug, (sentenced to imprisonment for three years with a non-parole period of two years); supply prohibited drug, (sentenced to 18 months imprisonment).
5. In 2014 he was dealt with for an offence of contravening an apprehended violence order in respect of which he was fined.
6. The offender's criminal history disentitles him to any leniency on sentence. His previous convictions for drug offences require that the sentence imposed reflect considerations of both specific and general deterrence.
7. The following material was tendered on behalf of the offender Campbell on sentence: 1. Report from Tim Watson-Munro, psychologist 5 May 2009; 2. Report of Tim Watson-Munro dated 18 October 2017; 3. letter from Catherine Pugh dated 17 October 2017; 4. letter from Reverend Di Langham dated 18 October 2017; and 5. Defence written submissions.
8. The offender's background is outlined in the report of Mr Watson-Munro (Exhibit 1).
9. The offender was born in Sydney. He has one brother.
10. His parents remained married. He reported a positive relationship with all his family members.
11. He has a daughter (now aged 18 years) and a son from a previous relationship aged 23 years as well as a step-son aged 23 years.
12. The offender went to school at Balmain Christian Brothers College, where he completed his School Certificate at the age of 15 years.
13. After leaving school, he commenced an apprenticeship as a greenkeeper with Bardwell Park golf course.
14. After completing his training, he began working in a lawn mowing business, where he remained for approximately five years before establishing his own lawn mowing business, which he subsequently sold.
15. He then acquired a Flick Pest Control franchise, which concluded after one year. He then became involved in seven years of litigation in order to recover money due to him.
16. The offender reported that the litigation took a high toll on the offender both emotionally and financially.
17. The offender was then employed primarily in security work after obtaining his security licence when he was aged 20 years.
18. He sustained an injury as a result of falling through the roof of a workshop. He reported fracturing three thoracic vertebrae in addition to ribs.
19. The offender reported having six months off work before returning to light duties as a plant waterer on Garden Island.
20. The offender reported that he had not been the same physically or psychologically since the fall. At the same time he was also encountering difficulties with respect to his marriage. His wife was allegedly suffering from schizophrenia.
21. He had married his wife in 1998. As at 2009 (the date of Mr Munro's first report) he had separated from his wife.

DRUG AND ALCOHOL HISTORY

1. The offender first tried amphetamines and cocaine at the age of 17 years. This was in the context of therapeutic benefit for his ADHD.
2. During the preparation of Mr Watson-Munro's 2009 report the offender reported that he had detoxified in custody in 2009 and had been drug-free since that time.

PSYCHOLOGICAL HISTORY

1. The offender reported longstanding symptoms of depression, anxiety and low self-esteem.
2. Mr Watson-Munro was of the opinion that it was likely these symptoms dated back to the offender's formative years, when he had ADHD.
3. The symptoms were also likely to have been exacerbated by his chronic pain as a consequence of the fall.
4. The offender had reported a history of taking illicit drugs and pain killers to assist with that as well as to deal with his anxiety.
5. In his 2009 report, Mr Watson-Munro was of the opinion that the offender was endeavouring to turn his life around in circumstances where he was drug- free in custody and was highly motivated towards his family responsibilities.
6. In his more recent report dated 18 October, 2017 (see Exhibit 2), Mr Watson-Munro noted that the current offences occurred after the offender had been released from his previous custodial sentence and had been in the community for three years.
7. Before being returned to custody for the current offences the offender reported that he had been working on a regular basis as a forklift driver for Bunnings Stores as a subcontractor.
8. He then became involved in a skip bin business with his co-offender Smith leading them to becoming involved in the matter before the court.
9. They had worked together for approximately 12 months. They had been friends for 21 years.

DRUG USE BEFORE THE CURRENT OFFENDING

1. The offender reported that after renewing his friendship with his co-offender Smith he began using crystal methylamphetamine (ice). He reported high levels of paranoia and sleep disturbance during that time.
2. During his current period of incarceration the offender reported attending a Positive Lifestyle Course run through the prison chaplain service (see Exhibit 4). He has also secured employment within the prison.
3. He told Mr Watson-Munro that he has been abstinent from drugs whilst in custody.
4. In relation to his future plans the offender told Mr Watson-Munro that he plans to marry upon his release from custody.

PSYCHOMETRIC ASSESSMENT

1. After psychometric assessment Mr Watson-Munro was of the opinion the offender suffers from a major depressive disorder.
2. Mr Watson-Munro stated as follows: "Mr Campbell remains depressed and anxious. His symptoms were apparent at interview and confirmed through appropriate psychometric testing. In large measure, I believe that this is a function of his escalating concerns referrable to his pending sentence hearing. Notwithstanding this he acknowledges that he has much to look forward to upon his release in the context of his relationship and his strong desire to re-enter the workforce with a view to maintaining stable employment. He impresses as a genuine individual and I believe that with continuing treatment involving cognitive behaviour therapy, his prognosis will remain on a positive trajectory.Treatment itself should include the further development of relapse prevention strategies, social skills training, impulse control training, systematic desensitisation for anxiety, as well as supportive and motivational psychotherapy." (Exhibit 2)
3. I have also had regard to the letter prepared by the offender's current partner, Catherine Pugh (Exhibit 3).
4. She has been with the offender for over four years. She remains supportive of him and they are engaged to be married. She described the offender as a 'very loving, giving and generous family man'. She is of the opinion that the offender is motivated not to re-offend.

PROSPECTS OF REHABILITATION

1. I am satisfied that the offender Campbell has taken positive steps towards his rehabilitation whilst in custody. He has remained abstinent from drugs and undertaken a Positive Lifestyle Course. Despite these positive steps, any assessment of his prospects for rehabilitation must remain guarded because it is accepted that he has an ongoing affiliation with the Lone Wolf Outlaw Motorcycle Gang.
2. Similarly, in such circumstances I am unable to find he is unlikely to re-offend.

SPECIAL CIRCUMSTANCES

1. It was submitted on behalf of the offender Campbell that I would find special circumstances and vary the statutory ratio between the non-parole period and the parole period, in circumstances where: 1. Custody has been more onerous for the offender Campbell in circumstances where he has been a remand prisoner for an extended period of time, namely since 29 April 2015. 2. The need for an extended period on parole to facilitate his re-integration into the community.
2. Having regard to those factors, I am satisfied that special circumstances have been established. Accordingly, I propose to vary the ratio between the non-parole period and the parole period, pursuant to s 44(2) of the Crimes (Sentencing Procedure) Act.

PARITY

1. In relation to the offence of manufacture methylamphetamine
2. (641 grams), I am satisfied that each offender performed a similar role. The only differentiating feature in relation to the objective criminality was that the offender Smith owned the rural property from which the manufacture occurred.
3. Subjectively, the offenders are of similar age, each has a criminal history and each has relevant previous convictions for either drug offending or firearms offence and for the purpose of parity each of their backgrounds is indistinguishable.
4. In relation to the offence of manufacturing 641 grams of methylamphetamine, I propose to impose similar sentences with a slight upward moderation to the sentence for the offender Smith to reflect his slightly greater criminality culpability because he owned the property.
5. In relation to the remaining counts in respect of which the offenders have been jointly charged, I propose to impose the same sentences upon each offender.

TOTALITY

1. I propose to impose aggregate sentences upon each offender. Had I imposed separate sentences, in relation to the offender Smith, I would have partially accumulated each of the sentences to reflect the totality of the criminality.
2. In relation to the offender Campbell, I would have partially accumulated each of the sentences (except for sequence H57843356/7, supplying 19.2 grams of methylamphetamine) in circumstances where I consider the criminality of that offence can adequately be encompassed within the sentence for the offence of manufacture prohibited drug (641 grams of methylamphetamine, H57843356/1).

FORM 1 MATTERS

1. In respect of each offender, I have taken into account the Form 1 matters in accordance with the principles established in Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999, No 1 of 2002, [2002] 56 NSWLR 146.

DETERMINATION

1. In determining the appropriate sentence, I have had regard to the purposes of sentencing as set out in s 3A of the Crimes (Sentencing Procedure) Act.
2. Having considered all possible alternatives, I am satisfied that no penalty other than imprisonment is appropriate in respect of each offence (s 5(1) Crimes (Sentencing Procedure) Act 1999).
3. I have had regard to the relevant prescribed maximum penalties.
4. I have had regard to the prescribed standard non-parole periods in accordance with s 54B(2) of the Crimes (Sentencing Procedure) Act.
5. I have had regard to the aggravating and mitigating factors referred to in these remarks.

INDICATIVE SENTENCES

1. As previously indicated, I propose to impose aggregate sentences upon each offender pursuant to s 53A(1) of the Crimes (Sentencing Procedure) Act.
2. In accordance with s 53A(2)(b) of the Crimes (Sentencing Procedure) Act, the sentences that would have been imposed for each offence, had separate sentences been imposed, are as follows:
3. Smith: 1. H60367383/1, manufacture commercial quantity of methylamphetamine, (641 grams), taking into account three matters on a Form 1, a total term of eight years, discounted by 25 per cent, leaving a total term of six years with a non-parole period of four years. 2. H60367383/3, possess precursor, (18.5 kilograms of hypo phosphorate acid) with intent to manufacture prohibited drug, plus two matters on a Form 1, a total term of three years, less 25 per cent, leaving a total term of two years and three months. 3. H60367383/13, supply commercial quantity of methylamphetamine, (993 grams), plus three matters on a Form 1, a total term of six years, less 25 per cent discount, leaving a total term of four years and six months with a non-parole period of three years. 4. H61156083/6, possess precursor, (936.27 grams of pseudoephedrine) with intention to use for drug manufacture, plus six matters on a Form 1, a total term of two years, less 25 per cent, leaving a total term of one year and six months. 5. H61156083/13, possess prohibited firearm subject to prohibition order, (Colt AR15 .223 calibre semi-automatic rifle), taking into account eight matters on a Form 1, a total term of four years, less a discount of 25 per cent, leaving a total term of three years. 6. H61156083/42, possess more than three unregistered firearms in aggravated circumstances, one of which is prohibited, taking into account 12 matters on a Form 1, a total term of eight years, less a discount for the plea of guilty of 25 per cent, leaving a total term of six years with a non-parole period of four years.
4. In relation to the offender Campbell, the indicative sentences are as follows: 1. H57843356/1, manufacture commercial quantity of methylamphetamine, (641 grams), taking into account three matters on a Form 1, a total term of seven and a half years, less a discount of 25 per cent for the plea of guilty, leaving a total term of five years and seven months with a non-parole period of three years and nine months. 2. H57843356/3, possess precursor, (18.5 kilograms of hypo phosphorous acid) with intent to use in manufacture of prohibited drug, plus one matter on a Form 1, a total term of three years, discounted by 25 per cent, leaving a total term of two years and three months. 3. H57843356/7, supply prohibited drug, (19.72 grams of methylamphetamine), plus two matters on a Form 1, a total term of 16 months, less a discount of 25 per cent, leaving a total term of 12 months. 4. H57843356/9, possess precursor, (iodine 20 kilograms) with intent to use in manufacture of prohibited drug, taking into account three matters on a Form 1, a total term of three years, less 25 per cent for the plea of guilty, leaving a total term of two years and three months. 5. H58887059/8, possess precursor (red phosphorous, 6.467 kilograms) with intent to use in manufacture of prohibited drug, plus six matters on a Form 1, a total term of two and a half years, discounted by 25 per cent for the plea of guilty, leaving a total term of one year and 10 months.
5. In relation to the offender Mr Smith, Mr Smith, in relation to each count, you are convicted.
6. Taking into account the matters on the Form 1, I sentence you to an aggregate sentence of 11 years, to date from 29 April 2015, to expire on 28 April 2026.
7. I impose a non-parole period of seven years and four months, to date from 29 April 2015 and expire on 28 August 2022.
8. The earliest date upon which you will become eligible for parole is 28 August 2022.
9. I have found special circumstances and varied the statutory ratio.
10. In relation to the offender Mr Campbell, in relation to each offence you are convicted.
11. Taking into account the matters on the Form 1, I sentence you to an aggregate sentence of eight and a half years, to date from 29 April 2015 and expire on 28 October 2023.
12. I impose a non-parole period of five years and seven months, to date from 29 April 2015 and expire on 28 November 2020.
13. The earliest date upon which you will be eligible for parole is 28 November 2020.
14. I have found special circumstances and varied the statutory ratio.
15. There are two further offences, the 166 offences in relation to Mr Smith. COSTELLO: Yes, your Honour and then also the call up in relation to the bond if your Honour may also just deal-- HER HONOUR: In relation to Mr Smith, in respect of the two offences on a s 166 certificate, driving whilst cancelled, in respect of each of those offences the offender is convicted.
16. Pursuant to s9 of the Crimes (Sentencing Procedure) Act, I order that the offender enter into a good behaviour bond for a period of 12 months.
17. The conditions of the bond are as follows: To appear before the court if called upon to do so; to be of good behaviour.
18. And in relation to the call up, where are the papers for the call up? They are just not with the papers. COSTELLO: Sorry, your Honour, just in relation-- HER HONOUR: Have they have been tendered in the sentence. COSTELLO: --to the two section 166 matters, there's also a disqualification to be imposed. HER Honour: And that is automatic of 12 months? COSTELLO: Automatic and minimum of 12 months. HER Honour: In relation to each offence of driving whilst licence cancelled, I impose the automatic disqualification of 12 months. So it is just in respect of the call up, whether I have the papers before me for that matter. I just can't recall any papers being tendered on the sentence. Is it in the Crown sentence summary? COSTELLO: It's mentioned in the Crown's - just briefly mentioned in the Crown's sentence summary. My recollection and Ms Pankhurst, who, unfortunately, is not able to appear today, has indicated that she did hand up the papers in relation to that, or one of the papers in relation to that, on the last occasion. HER HONOUR: So where is it mentioned in the Crown facts? COSTELLO: In the sentence summary, your Honour, it was mentioned at top of page-- HER HONOUR: Is that a Local Court bond? COSTELLO: I believe it was a Local Court bond, yes. HER HONOUR: Well, how do I call up a Local Court bond? I would have to be satisfied there'd been a direction to call up and how do I have the power to call up a Local Court bond? I'll just ask my associate to check the court file to see if there was any material tendered in relation to the call up. COSTELLO: Your Honour, it probably makes little difference. I would anticipate that any-- HER HONOUR: I just don't think I have the power to call up a Local Court bond. It would have to be directed by the magistrate that there be the call up, unless there's some legislative provision that says I can call up Local Court bonds. But I'd have to be satisfied that a call up had been directed. Because you know that - I have been handed some papers. It's the Local Court papers, is it? I'm just looking for the call up direction. I've got the original bond and the original facts. I can't see a call up direction. COSTELLO: If there's no call up direction, your Honour, then-- HER HONOUR: Well, I'll hand down the papers that my associate has handed me. But I just can't see a call up direction. COSTELLO: Your Honour, if it is to be pursued, that can be dealt with back at the Parramatta Local Court. But in the scheme of the sentences your Honour has imposed, it's unlikely to make any material difference to-- HER HONOUR: I'll just show you the material that was on the court file. And if you could just check, if the instructing solicitors could check the dates of the sentences, to confirm that they are accurate. COSTELLO: Your Honour, there may not be a call up direction. I certainly can't locate one, in which case the most convenient thing to do may be just to leave that matter or be dealt with at the Parramatta Local Court if it is being pursued. HER HONOUR: Thank you. COSTELLO: I'll provide those papers back to your Honour for the court file. HER HONOUR: And if you could just confirm that the sentence dates are accurate. COSTELLO: Your Honour, they look good on initial check. HER HONOUR: The only matter I was going to check was that when I was reading out the agreed facts, it appears that only Campbell was charged in relation to the 2.92 grams of methylamphetamine that was located at the Cows Valley property, and I just wanted to make sure I haven't missed that charge in respect of Mr Smith. COSTELLO: And, your Honour, my recollection is that that was part of the negotiations because-- HER HONOUR: There's no difficulty with that, as long as I haven't omitted a charge in respect of Mr Smith. COSTELLO: I think that was part of the negotiations. There was originally a joint charge but it was agreed to proceed only against Mr Campbell in relation to that. HER HONOUR: Thank you. COSTELLO: There were three offences, backup offences, in relation to the supply quantities. There's two and they're listed in the Crown sentence summary. There's two backup offences. HER HONOUR: Sorry, what page? COSTELLO: Page 5 in relation to Mr Smith. Tow backup offences to be withdrawn now that-- HER HONOUR: So where are they, on page? COSTELLO: I believe it's 5, should be on page 5 of the-- HER HONOUR: So in relation to Mr Smith, there is two backup offences, H6036738, sequence 14 and H60367383, sequence 15, I will mark them "Withdrawn and dismissed". COSTELLO: And then in relation to Mr Campbell, there's a single backup offence on page 3. HER HONOUR: In relation to the offender Campbell, H57843356, sequence 13, is marked "Withdrawn and dismissed". COSTELLO: I think that is all the matters that need to be dealt with. VIDEO LINK CONCLUDED AT 4.02PM

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 17 October 2018