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[2026] NSWDC 74
General information, not legal advice.
District Court of NSW
2026-02-13
Neilson DCJ
Original judgment source is linked above.
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: R v Torthitithan [2026] NSWDC 74
Hearing dates: 10-13 February 2026
Date of orders: 13 February 2026
Decision date: 13 February 2026
Jurisdiction: Criminal
Before: Neilson DCJ
Decision: See pars [163]-[169].
Catchwords: CRIME – SENTENCE – Question of level of seniority in drug syndicate – Commonwealth and State Aggregate Sentences – Excellent prospects of rehabilitation – Enlivenment of Bugmy principles
Legislation Cited: Crimes Act 1914, s 16BA
Criminal Code (Commonwealth), ss 302.2(1), 302.3(1), 307.2(1)
Cases Cited: Bugmy v R (2013) 249 CLR 571
Texts Cited: Nil.
Category: Sentence
Parties: Crown – R (NSW)
Offender – Sutthichai Torthitithan
Representation: Counsel:
Crown – Mr P Mulvihill
Offender – Mr A Djemal SC / Mr A Faro
Solicitors:
Crown – Office of the Director of Public Prosecutions (NSW)
Offender – Cordoba Legal
File Number(s): 2022/00283207
Publication restriction: Nil.
HIS HONOUR: Sutthichai Torthitithan stands for sentence as a consequence of pleading guilty to a number of charges. I have no knowledge of the Thai language and I do not know how to pronounce it properly. I trust that the offender will be forgiving, if I refer to him not by his name but by the words either, the offender, this offender or the present offender. His mother and stepfather call him Jay which is a happy abbreviation, but it might be thought that I was not being objective if I described the offender with that nickname.
The offender has pleaded guilty to five substantive charges. Two of those substantive charges are against the law of the Commonwealth. Three of them are against the laws of this State. On two Commonwealth forms under s 16BA of the Crimes Act 1914 are three further Commonwealth charges. Originally the offender was charged with 35 offences. Fortunately, the parties have been able to reduce those to eight.
The offender’s arrest arises from the NSW police disrupting the activities of a drug syndicate at Petersham, on 21 September 2022. The offender was arrested on the following day, 22 September 2022, and has remained in custody ever since. He is the last of five offenders to be sentenced for his involvement in the activities of the drug syndicate to which I have just referred. The others who have been charged and sentenced are, in chronological order: Joshua Michael Campbell. I sentenced him on 16 August 2024: [2024] NSWDC 413. Campbell appealed to the Court of Criminal Appeal and that Court gave judgment on 19 December 2025: [2025] NSWCCA 229. I imposed a head sentence of six years and seven months with a non-parole period of five years and one month. The NSW Court of Criminal Appeal quashed my sentence, and in lieu imposed a head sentence of six years and six months and a non-parole period of four years and eight months. It reduced my original head sentence by 1% and my non-parole period by 8%.
The next to be sentenced was Mr Josef Barber-Battese. That sentence was passed on 14 September 2024: [2024] NSWDC 627.
The third to be sentenced is Watcharaphong Aphicotnithithon. That gentlemen was sentenced by Hanley SC DCJ on 4 December 2025. His Honour’s reasons are before me, but they have not been published. In this Court, that gentlemen has been referred to merely by his initials as WA.
The fourth person to be sentenced was Huu Tung Bui, to whom I shall refer as Bui. He was sentenced by Hanley SC DCJ on 25 February 2025, but his appeal to the Court of Criminal Appeal was allowed: [2025] NSWCCA 114, a decision given on 1 August 2025. It is common ground that the only one of the earlier four offenders to be sentenced whose case is in any way comparable to that of the current offender is that of Bui.
“Between 12.40am on 11 April 2022 and 2.30am on 10 May 2022 at Tempe he did import a substance, the substance being a border controlled drug, namely cocaine, and the quantity imported being a marketable quantity, contrary to subs 307.2(1) of the Criminal Code (Cth).”
The amount of pure cocaine actually imported is unknown, but it is agreed that it was at least a marketable quantity of cocaine. A marketable quantity of cocaine is 2 grams. A commercial quantity of cocaine is 2 kilograms. The plan of those involved in this crime was to import 2 kilograms of cocaine from France.
On 8 April 2022, a group chat was created on the encrypted messaging application known as Threema. This offender was one of those in the group chat at the time it was created. His “handle” was “Provider” which was sometimes followed by the bracketed matter ‘New’. There were five others in the group chat. It is agreed that the group were arranging to import 2 kilograms of cocaine from France. None of the other persons who have been charged was part of that group chat.
The agreed facts set out a number of messages commencing at 23:20:32. The first sender of messages mentioned had the handle “MPR”. Another has the handle “Smooth crim”. Another had the handle “Npvdark”. The chat is this:
“MPR: Hello brothers.
Hope everyone is well Inshallah.
Are we all ready to go or do we need to discuss anything further?
Smooth crim: I’m ready my brother.
Provider: Are you online?
ST: Yes my brother. Do we want to start with a few?
MPR: Your call my bro, I reckon if we do 2 for the first time, might be better.
ST: Okay no problem, let me organise us 2.
MPR: We just need to pay 80k Euro for 2 units their - packaging costs (usually about 2-3k) and they will send it over. Once we receive we will need to pay them 40k Euro for their payment.” [Emphasis added]
“Hi brother. That’s my work done for now. Please use the phone numbers and the email provided.”
On 16 April 2022, at about 1.15am, this offender sent another message indicating a range of dates, 16 April to 7 May 2022 for each of the addresses that he had earlier sent. Those addresses can be discerned from messages sent by Npvdark on 30 April 2022.
The next message sent was on 18 April 2022 by Npvdark:
“Npvdark: Thank you bro for the addresses. Now we just need to send cash in Paris to buy two units and cover the expenses. Are you able to help sending the money, bro?...” [Emphasis added]
The next message was sent on 23 April 2022 again by Npvdark:
“Npvdark: Hi brothers, the supplier gave us the two units so the team will start the packaging, they are happy to wait to receive the payment for the two units next week. Do you guys want to see videos/photos of the product before they proceed with the packaging?” [Emphasis added]
The only response to that message was from this offender. It was sent one minute later and is this: “Let’s see these beautiful things”.
On the following day Npvdark sent four videos and one photograph on the messaging system.
The next interaction was on 30 April 2022 when Npvdark sent two messages. The first was this:
“Npvdark: [photo appearing to be a shipping label sent]
500g
EW104657634FR
Ngoc Hoan Dao, 105 Windsor Road, Dulwich Hill
2203 NSW Australia” [Emphasis added]
The second message was similar:
“[photo appearing to be shipping label sent]
500 grams
EB020433283FR
Bin Chen, 3 Sadlier Crescent, Petersham
2049 NSW Australia
@[R45PWSBD]
Bro, did you notice for the address in Petersham the guy in France made mistakes. There are few typos. Do you think we can still receive the parcel? Next week they will sending the remaining 1kg.”
“ST: Hi boys ... as part of my service here are the latest tracking for both packages. [two pictures sent] 11am today. It looks like I will have to extend both house for one an extra month.” [Emphasis added]
The second message was sent at 06:36:21:
“... we will iron it out and have it running smoothly once we are more organised.”
“ST: How long has he been taken to arrive for you guys before bro on average? The (usually takes 22 days) I think it’s just an estimation.
MPR: It usually takes about 9-10 days, last time we got three packages I’m one week exactly.
MPR: None of them have left France yet?
ST: First two left.
ST: All good, bro. I will get a notification every time the packages go through a scan point.” [Emphasis added]
The final message in this part of the agreed facts was one sent by this offender on 5 May 2022: “Hello brothers, yes both 34FR and 83FR are in Australia.” That is the end of the messages.
On 5 May 2022, the parcel with the tracking number ending in 34FR addressed to Dao Ngoc Hoan at 105 Windsor Road at Dulwich Hill was intercepted by the Australian Border Force. It was found to contain a laptop bag which had three packages with white powder concealed within it. The three packages weighed a total of 860 grams (gross weight). A presumptive test on the white powder returned a positive result for cocaine hydrochloride. There is no evidence of the purity of the drug and accordingly the weight of the pure drug is not known but it is accepted that it was sufficient to meet the marketable quantity of 2 grams.
On 8 May 2022, there was an exchange of messages between this offender and Bui.
“BUI: Yo there’s three of them here now just waiting for custom clearance.
BUI: See expect delivery Monday.
ST: Which one?
BUI: Ngoc.
[picture sent]
That one just arrived today.” [Emphasis added]
On 8 May 2022, the offender exchanged messages in the group chat about the distribution of the one package that had cleared customs. Bui continued to track the progress of the shipments ending with the tracking numbers 34FR and 81FR using the application known as Aftership. The last update he received for tracking number ending in 81FR was that “import formalities are in progress on your package. AU, Australia.”
The group chat continued to discuss the packages and the likelihood of their being delivered. These messages on 8 May 2022:
“ST: Good morning, gentlemen.
Ngoc Hoan Dao EW104694186FR (package number 2) is being delivered this morning shortly. Can you boys discuss amoungs yourself, who is getting the first arrivals. Also give me an address. So my guy can deliver it straightaway.
MPR: Hey brother, that’s good to hear all the product is shared. It will be going to Super crim to distribute. If you need help getting product out of the package either myself or MPV can come do it.” [Emphasis added]
“Ngo package number 1, EW104657634FR (awaiting clearance). Bin package number 1, EB020433283FR (awaiting clearance).
Ngo package number 1, EW14694186FR
(receiving this morning)
Bin package number 2, EW104722681FR (in transit)”
“Smooth crim: Other two look like a loss IAYE.
ST: First two very likely lost. One more still waiting to leave Paris.
Smooth crim: Well one came through so we didn’t lose I guess.
Smooth crim: MPR and DARK. Next load are we going to switch up concealment? Try something else maybe or go again.
ST: The concealment have to be slightly different, bro. They get one, they will target that system.
MPVDARK: Yes, bro, one came so we are not losing money. We will switch the concealment and improve the method. Let’s hope we receive at least one more.
You guys interested in seeing how this Swiss crew done this roll of wiring? 6 kilograms of IEYE came with it, and they were big rocks, straight to the address I provided. I still have timber wheel, the wire and the led core it came with.” [Emphasis added]
“Smooth crim: No news on last package? LOL one quarter not really good. Aye boys we mix it up and try again.
ST: One is still stuck in Paris.
MPVDARK: Brothers, 81FR just landed to Australia.” [Emphasis added]
In May and June 2022, this offender continued to exchange messages on Threema with “crim safe”, obviously a handle, about how to conceal drugs for importation including discussions about infusing drugs in bed sheets, in rolls of electrical wire, inside welding machines, inside generators and inside water pumps. ST indicated that he had previously been successful in importing 10 kilograms of methylamphetamine and had successfully imported methylamphetamine in an electrical wire twice.
On 28 June 2022, “Thedistro” obviously a handle sent a message in a three man group chat to tell this offender that ‘Pap will pass you 120k tomorrow my bro.’ The 120k is a reference to $120,000 in cash which was delivered in a dead drop later that day. “Pap” was a reference to “Papillon” being another participant in the group chat who obviously knew a little French and decided to describe himself as a butterfly.
On 28 June 2022 and 11 August 2022, from time to time this offender and Bui discussed the process of extracting and packaging drugs, including extracting drugs from infused cloth, from foam inside pillows, the backing of paintings, exchanging photographs of such processes that they had.
This offence is, as the CAN, which I quoted earlier stated, one contrary to s 307.2(1) of the Criminal Code 1995 (Cth). The maximum penalty for this offence is imprisonment for 25 years and or a fine of 5,000 units.
“Between 12.40am 11 April 2022 and 2.30am 10 May 2022 at Tempe did import a substance, the substance being a border control drug, namely cocaine, and the quantity imported being a marketable quantity contrary to subs 307.2(1) of the Criminal Code (Cth).”
The amount was 2.32 kilograms of cocaine, but its purity was unknown. A commercial quantity of cocaine is 2 kilograms but as its purity was unknown, the offender was only charged with a marketable quantity of that drug, a marketable quantity being at least 2 grams. The maximum penalty for this offence is imprisonment for 25 years and or 5,000 penalty units.
The facts are these: On 26 July 2022, Bui sent two photographs to the offender of an Australia Post parcel tracking screen. The photos show that there was a parcel in Amsterdam that was cleared and awaiting international departure. On 27 July 2022, Bui told the offender that there was no update on the package coming from Amsterdam. That package addressed to Ywei Wang of Bridge Street, Tempe was seized by the Australian Border Force. I should point out that address at Bridge Street, Tempe is the address of the offender’s stepfather, Mr Francesco Dentice. The offender was living at the relevant time at 14 Bridge Street Tempe, a residence that he owned. The package contained two blocks of white powder in a black plastic bag covered with clear tape. The blocks were weighed in their packaging and found to weigh 2.32 kilograms. A presumptive test returned a positive result for cocaine hydrochloride. Again, there is no evidence of the purity of the drug and therefore the parties have agreed that only the marketable quantity was involved.
The agreed facts under Sequence 33 then discuss communications about prohibited drugs and in which the offender engaged in August 2022. Whilst not directly relevant to Sequence 33, it is information referable to the knowledge of the offender of what was going on and to another important element that must be discerned from the facts. In citing these facts, I am seeking to draw attention to the role of the offender because it is a point of major contention between the parties as to the offender’s role in this particular drug syndicate.
The offender accepts that his role was slightly above that of Mr Bui but maintains that he was only a “worker” in the drug syndicate and not a principal. The Crown has contended that the offender should be seen as a principal in the drug syndicate and, of course, it is significant in sentencing for drug offenders to identify the role they played in any drug activity. The more serious the role of the person in, for example, the importation of drugs, the more likely he or she is to be punished by a heavy sentence. A person who is at the top of a criminal syndicate and is drawing most of the profit for himself or herself is more likely to receive a heavy sentence for drug offending than is a person who is merely selling the drug on the street to obtain a little money to maintain his or her own drug addiction, or a person who is merely moving drugs around, a “courier”.
In August 2022, the offender was involved in a few group chats, each including persons using the handles “Razor” or “Mrdistro888”. Another person to whom I shall refer later is known as “Harvey de Monster”. In the chats there were discussions about the supply of drugs and the exchange of money.
On 12 August 2022, the offender and three other members of the chat were added to a group chat named “Pag Boogey Provider”. That chat commenced with Mrdistro888 telling the participants to talk in that chat. Pagani was keen on three units from Perth. Mrdistro888 said that the offender’s “boys” were only available on 12 August, but would be available again on the following Tuesday, 16 August 2022.
On 15 August 2022, Mrdistro888 sent messages to the group about a person with the moniker “Killuminati”. The first message was this, “Killuminati my bro tomorrow ur guys ready for them three units fri pass”. I interpolate that the word “fri” appears to relate to methamphetamine. Killuminati sent messages to the group “yes bro can you bros pass to one place then pass 1 another place”. To that this offender replied that “we sure can bro”.
On 16 August 2022, this offender replied in the group to Killuminati:
“Hello bro. Can we do the two and one after 6pm. The boys flight is slightly delayed”.
Killuminati asked to be kept updated. It was agreed that two units would be dropped to Tuart Hill in Perth and one unit to Yokine in Perth. The offender liaised with Killuminati about the supplies. They reached an agreement as to where the supplies by way of dead drops would take place. Photos showing proof of delivery were sent by this offender in the group chat.
On 17 August 2022, Killuminati asked for 2 kilograms to be taken back. The offender sent this message in the group:
“Brother Killu, I’ll get the boys to come pick up the return. Just let me know where it’s left and when to come pick it up”.
Mrdistro888 sent numerous messages including “Brother no way I do that to you. Sorry for this provider, will sort you ha e and my word bro...”
I interpolate that interpret that Mrdistro888 was apologising to the offender indicating that he would not do the same thing to him and when the word ‘provider’ was used it was used in a vocative sense and that Mrdistro888 was giving his word to the offender that he would never do such a thing to him. Killuminati and the offender then arranged for the collection of the drugs that were to be returned. The offender said “my guys will be prompt”. The offender then coordinated with Killuminati to arrange the collection of $184,000 on 18 August 2022.
There was a further chat in relation to three units of “fri”, again I infer that by that is meant methamphetamine. Between 15 and 22 August 2022 where there was a group chat between Mrdistro888 and someone with the handle Westbank, Mrdistro888 was asking the offender to provide a pickup address to Westbank to facilitate supply by way of the dead drop of prohibited drugs. The offender arranged for drugs delivered in a dead drop to be collected. He weighed them and the total weight was 3.009 kg.
On 27 August 2022, Razor asked the offender as to how many kilograms of “delta” he thought he would have that week. He indicated that he might need a couple for Sydney if that were possible. The following morning the offender told Razor that he could have two for him. They were picked up on 29 August 2022.
On 28 August 2022, Razor asked the offender, in a group chat, about three units of “Mexican” that was available in Perth. The offender sent a photograph with the caption, “the 3 kgs”. He arranged for a sample to be provided to Killuminati at an address in Perth the following day.
On 28 and 29 August 2022, there was an exchange of messages between Razor and the offender. The messages to Razor will be set out on the left hand side of the page and the messages sent by the offender will be on the right hand side of the page.
The following messages were sent on 26 August 2022 between Razor and the offender.
| Razor | Offender | | “ATM my logs are this bro, paper ur holding between peak and Sydney $1,648,200 + 880,000. Workwise: 2 kg from ages ago. 9 kg recently. The rest is 5 kgs we sent less for 4kgs we massed recently. Leaves 1 kg from that. Then 3 kgs Mexican weatbank [perhaps a misspelling of Westbank]. Then 5 kgs white mate past.” | “I have 1,486,400 plus 880,000 but if you minus white wire job (160.6) to it, we have same number.” |
That is the end of the those messages. Numerous messages and photos were then sent in an attempt to reconcile the two sums raised by Razor and the offender. The following exchange then occurred:
| Razor | Offender | | “I think we good bro. I’m still off by 36k. I was counting the paper I had left here. I didn’t add the money I’ve been give T every week and paid the boys. Total money pickup and already back in Sydney $6,080,000.” I had logged we should have had 11 kgs Perth. Tho bro You only had 10 aye.” | “So yeah, technically 11 would be right. We lost from was and sending the rubbish back.” |
On 29 August 2022, the offender told Razor that he would be going for a day trip to Queensland on 7 September 2022. That might be relevant to subsequent attempts to set up business in Queensland.
On 31 August 2022, Razor told the offender that he needed between 300 and 400 thousand dollars to send overseas. The offender replied, “Send them”. The Crown says that if, as argued by the offender, Razor was a principal but not the offender, why should the offender have needed to tell Razor to send the money that he needed to send overseas.
However, no one has sought to prove that at that time or thereabouts, whether the offender sent money in that sum to Razor, for example, by way of electronic funds transfer. Without knowing what was happening financially, the submission made by the Crown may have little weight.
“Between 12.40am on 5 September 2022 and 2.30am on 22 September 2022 at Tempe, did traffic in a substance, the substance being a controlled drug, namely cocaine, and the quantity trafficked being a marketable quantity contrary to subs 302.3(1) of the Criminal Code (Cth).”
The amount in question was 492.7 grams. That is an offence punishable by imprisonment for 25 years and/or 5,000 penalty units.
At 8.35pm on 2 September 2022, Bui sent a message to Joshua Campbell about seeking to avoid paperwork at Sydney Tools, where toolboxes were being bought which were used in the business of the drug syndicate. At 1.30pm on that day, Bui was captured by CCTV at a counter in a Sydney Tools outlet and also filmed loading a Daytona tool chest into a rental van which he then drove away.
On 5 September 2022, this offender sent to Bui photographs of a number of black packages in a reusable bag with the caption “16 packs”. Bui replied, “Send to Waterloo tomorrow please” and also, “We sending two box correct”, which may in fact have been a question. The offender replied “Yes. Do you have letters ready to go?” Bui responded “Yes. I will organise it tonight, I show you photo tomorrow”. Shortly before 1pm on 6 September 2022, Bui sent photos to the offender of the drug packages in tool boxes. At 6.02pm, Razor asked the offender if he had checked the eight units that he had received the other day. Razor sent a message saying, “Please take all necessary photos”. The offender sent back a photo of a crystal substance with the caption “It’s nice”.
The pair then discussed the trafficking of drugs to Queensland. Razor followed up by asking the offender as to when “Queensland” would be ready. I assume that the intent of the message was when some organisation established in Queensland was ready to operate. Razor offered to fly a new worker up from Sydney. The offender offered to sort out flights, accommodation, car rentals and driver’s licences from other states and Razor expressed excitement at the prospect of trafficking in Queensland. Razor organised for that worker to meet the offender the following day at St Peters. This offender was Josef Barber-Battese, whose role in the syndicate was at the bottom of the range.
On 8 September 2022, the offender posted a photograph of methylamphetamine in a group chat. The following day, Razor said “killu we got a kg b grade for you”. The offender arranged for a sample to be provided to Killuminati. Killuminati also indicated that he had $250,000 and asked whether “Yous wanna collect tomorrow”. Razor replied, “Warning bro, I just need to see what [ST] says my bro cks [probably a misspelling for CUS and abbreviation for because] it’s his boys but that’s mad you smashing thru the fry”. The offender asked whether the money could be picked up on that day.
At about 12.34pm on 9 September 2022, Bui was at Kennards self-storage at Kingsgrove. He wheeled a large red “Sydney Tools” chest to a waiting flatbed truck. The chest was placed onto the truck which left the Kennards storage facility shortly afterwards. That afternoon, Bui was in Queensland and set up a “new branch”. A storage unit was rented at Kennards storage at Hillcrest, using a fake licence that had a picture of Bui on it.
In a message to someone else known as “Louis Ko”, Bui said “Right now my crew is moving 20 to Perth every week. Today I am in Queensland to set up ship for quest and Queensland will be doing ten there weekly”. At 6.31pm, Bui sent another message saying:
“Bro, if you have a good contact with a 100 keg, if they want to give us the contract we will pump that out in one month with payments regularly twice a week”.
It is hard to see that that is relevant to this offender.
On 13 September 2022 at 4.36pm, Razor told the offender that three units of “B grade” had been sent to him for transport to Queensland. The offender indicated the drug would arrive on the Friday morning. That shipment was being tracked by Bui.
On the morning of 15 September 2022, Razor set up a group chat on Threema to introduce the offender to Barber-Battese. Barber-Battese was to help in setting up the Queensland operation. The offender said that Barber-Battese would need to go to Brisbane the following morning.
On 15 September 2022, the offender sent Barber-Battese messages, including photographs containing detailed instructions on how to access the tool chest contained in the Kennard Self-Storage facility at 21 Turbo Drive, Coorparoo, in Queensland. That appears to be different to the Kennards Storage facility at Hillcrest. It appears from my understanding that the Coorparoo premises were closer to the CBD of Brisbane than were the Hillcrest premises.
On 21 and 22 September 2022, Queensland Police executed search warrants at the Coorparoo storage unit that had been setup by Joshua Campbell. They found a large red toolbox that had an Apple air tag located on its bottom. Three blocks of white powder contained within heat sealed plastic bags, and covered tape were found. The blocks were analysed and found to be a total of 2.9868 kg of cocaine mixed with Levamisole and Lidocaine. The total amount of the pure cocaine was determined to be 492.7 grams.
The next substantive offence is known as Sequence 11. It has attached to it, Sequence 31, on the form under s 16BA. Each of the offences, Sequence 11 and Sequence 31 carries a maximum penalty of life imprisonment.
The pleading for Sequence 11 is this:
“Between 12.40am and 2.30am on 22 September 2022 at Tempe did import a substance, the substance being a border‑controlled drug, namely methamphetamine, and the quantity imported being a commercial quantity, contrary to subs 307.1(1) of the Criminal Code (Cth).”
The maximum penalty for that offence is life imprisonment and/or a fine of 7,500 penalty units. The amount of methamphetamine was 53.467 kilograms. The commercial quantity of methamphetamine is 0.75 kilograms or 750 grams. The amount of methamphetamine involved is 71.3 times the commercial quantity.
The facts are these, as agreed between the parties, albeit that they commence some time before the pleaded date.
At 6.46am on 12 September 2022, Bui asked Campbell, “Have you fixed the new storage case...He wanted a closer one to the city.” This was obviously a discussion about the premises being rented in Brisbane. Bui indicated that he would be catching a flight soon.
Campbell then rented a storage facility at the Kennards storage facility at Coorparoo using the same fake license that had been used to hire the Hillcrest storage unit. Shortly before 10am, Campbell sent a message with details of the storage facility that he had arranged at Coorparoo.
Shortly after 12.30pm, Harvey de Monster gave this offender instructions on retrieving drugs that were being delivered in plastic rolls. The details were that they were eight pallets in total and four of them had product in them referred to in the messages as “tt.” They were tiny white labels on the actual rolls of plastic that contained the product. The pallets had on them rolls of green plastic. The product was crushed flat and rolled into the rolls of plastic. To remove the product, it was necessary to unroll the plastic sheeting and collect the flat bags of product. Harvey de Monster advised that there were 68 kilograms of product in total. That message from Harvey de Monster was posted in a group chat on Threema that included Mrdistro888. Razor was later added into that group chat.
Prior to 12 September 2022, Harvey de Monster had put messages into the chat including a screenshot of messages with Yee Iun about a ship and a need to pay a 5% duty. There was also screenshot of messages with someone known as “Harry” in which Harry expressed that it was better that “your side”, by which I infer was meant the criminal syndicate for which the accused was working, agreed to pay the 5% duty.
There was a message from Harvey de Monster on 5 September 2022, saying “but for 5% pay it anyway” to which this offender replied “none issue with the 5%”, which can be seen as either a mere agreement with Harvey de Monster, as put forward by the defence, or as being the approval of the offender to Harvey de Monster to pay the 5% duty, as argued by the Crown.
Amongst the messages was one from this offender indicating that he was being questioned by “the agent” which would appear to be the shipping agent sending or perhaps receiving the goods being transported by the seagoing vessel, that the initial paperwork was either incorrect, incomplete or not provided. This offender explained in the group chat “they are questioning the validity of their agent and the supplier. So, I need all paperwork from supplier done right.”
As submitted by the defence, that was merely the offender’s pointing out what needed to be done for him to be the recipient of the product when it arrived in Sydney. If so, then it is hardly any evidence that the offender was superior in the hierarchy of the syndicate to, for example, Harvey de Monster. When the offender raised his concern about the need for proper paperwork, Harvey de Monster then posted certain things which appear from the description contained in the agreed facts to be part of what might be thought to be the details needed for “proper paperwork”.
It was anticipated that the plastic rolls which were being imported from Penang in Malaysia on the ship MSC Shahar would arrive in Sydney on that day, 12 September 2022. Ultimately, they were not able to be picked up until 20 September 2022.
Shortly after 11pm, Bui sent this offender numerous messages including photographs containing detailed instructions on how to access the Kennards Self Storage facility at Coorparoo in Queensland, that Mr Campbell had opened that morning. That fact is not related to what was happening with the shipment from Penang to Sydney.
At about 11.30pm on 14 September 2022, Campbell sent Bui a link to track the ship that the methamphetamine was on before sending a screenshot of the relevant Sea Ship Arrival Notice.
At 2.11pm on 14 September 2022, in a group chat with Harvey de Monster, Razor, Mrdistro888 and this offender, Harvey de Monster sent a message saying “Provider: [vocative addressed to this offender] any update, no matter how mundane, most appreciated”. The offender replied “no update from the agent monster [vocative]. The tracking I showed you was from an external source.”
Harvey de Monster then sent a message that said “Okay brother. Standing by. Do you, from experience, have any idea how many days it normally takes to get a box delivered?” The offender replied, “Once it land within seven days. I will know all the movement. If it get pull out of Botany Bay to go to Custom clearance location, I will know.” At 3pm the offender said, “The cargo ship our container is on are being unloaded today”. A screen shot of that was sent from Harvey de Monster, subsequently showing that the container had been sent from Georgetown in Malaysia on 26 July 2022, and that it arrived in Sydney on 15 September 2022.
On 19 September 2022 at 12.14pm, Bui told the offender “the box has been Customs held behind the scenes.” “It arrived on the 12th...high chance it’s fucked.” At 12.28pm, Bui sent a message saying: “ITM said they organised picking up tonight.” This offender replied: “If they just scan the container. It will be really hard to pick it up. It’s flat and rolled in the plastics.”
That evening Bui sent to this offender his expense sheets. The latter clearly indicates that Bui was underneath this offender in the structure of the syndicate. That does not mean, of course, that the offender was a principal in the venture.
At 12.38pm, Bui sent a message to Campbell asking if he could call “Camperdown” and see if it could accept “Sideloader deliveries or Drop deck deliveries”. I assume they are different forms of delivery of cargo from trucks. Throughout that day there had been email communications with Whites Transport Services who were going to be collecting the imported rolls of plastic from the port at Port Botany about delivering the imported rolls of plastic to Kennards Storage at Camperdown.
At about 9.27pm, WA sent to this offender photographs of what appears to be a storage facility. WA said that a password that he quoted was not working. At 10.43am on 20 September 2022, Campbell sent Bui a message saying: “They couldn’t unload at Camperdown so it’s headed back to Sydenham, they will unpack it direct onto truck.” The messages go on, but it was all about dropping off the collected eight pallets of rolls of plastic to some place in the inner south‑west of Sydney, in the vicinity of both Port Botany and Tempe.
On 20 September 2022 at 11.30am, CCTV captured the eight pallets of green builder’s plastic being unloaded at Whites Transport at Unwins Bridge Road at St Peters. Shortly before 2pm, a flatbed truck was seen driving out of 15 Unwins Bridge Road, Sydenham loaded with four pallets containing the green rolls of plastic. The truck drove to Kennards Self Storage at Petersham arriving about 2.14pm. Shortly after that time Bui was seen leaving the location.
At 2.12pm the offender sent this message in a group chat:
“We won’t be doing any unrolling and unpacking tonight. My guys are just going to relocate the pallets to our shed and scanning for any bugs or tracking devices.”
At 4.42pm the offender told Razor: “The boys will start the unrolling tomorrow.”
There were sightings of WA on 20 September 2022 at 14 Bridge Road, Tempe on at least two occasions. At about 6.20pm, WA was seen on CCTV arriving at Kennards Storage at Petersham on his scooter. He moved the four pallets of green film that had been unloaded earlier from the loading dock and into the storage unit. At 6.24pm, WA sent photographs to the offender of the pallets of rolled plastic. He left the storage facility on his scooter about 7.39pm.
That evening, the offender and Razor exchanged messages about the proposed distribution of the drugs from this importation interstate. Razor said this at 4:45pm: “Once we get the confirm tomorrow all is well. How do you wanan [sic] do it. Harvey and me were thinking we pass my one mate all @ 100k a unit. If you feel you wanna do any you let me know and I’m happy. Just the guy to take all is cashed up so prob smarter we pass to him but again you tell me way beat [sic, scil. best] option. The offender replied: “Look.. until we unroll the plastics I’m still only at 85%.. Because I had inside information that the container did go in for an inspection [by ABF].” That brought this response from Razor, “But bro usually they wouldn’t replace so fast would they?” The offender answered: “Impossible with the way these plastics was roll.” At 16:49 Razor sent another message which appears to be on a different topic: “Also PLFOR Perth I feel we pass wipe the 3.5 units of Westbank... What you feel?”
The offender replied: “Not many Westbank left white people took two Westbank n three new, last drop.” At 17:49 Razor said: “Sorry bro so there’s 68kg yeah. What in feel best we pass to my mate the lot he has a proper spot to shard and cracks it out at 30-40/first week. Me and monster were saying we could maximise profits and get you shard but brother you got much better things to do and we all still clean up doing it this way. What do you feel?” The offender replied: “LOL fuck that... let the people whose willing to pay for it all and has a proper place to work out of take it.” Razor replied: “Thank you LOL. Was hoping you would say that. From memory your cut was 5-20% door. That’s 1.35 mil.” The offender replied: “An extra M or two is not worth the headache and the possibility of shit going sideway.”
According to the agreed facts, that was in response not to what Razor had last said, but in response to Razor saying: “Was hoping you would say that”. But it logically follows the last mention by Razor of 1.3 million dollars, I infer.
There has been much debate between the Bench and the Bar table, but mainly at the Bar table as to the meaning of the word “door” in the last utterance made by Razor that I just quoted. The Crown submitted that it meant “gross”, and the defence submitted that it referred to the offender’s role as the “door”, the means of moving goods imported into the port of Sydney from the docks into the hands of the syndicate. He facilitated that transition, and therefore he was described as being the door or a door.
The submissions made on behalf of the offender, in my view, are more convincing and persuasive than those put forward by Mr Crown. Furthermore, it is some evidence of what the offender could potentially earn by his activities for or in this drug syndicate. He might receive 15 to 20% of the gross value of an importation for being the door, but of course he had to pay others, such as Bui and probably WA for the activities that they performed as part of his team of workers. In that way one can see that there is substance to both what was submitted by the Crown and the defence.
At about 12.55pm on 21 September 2022, a truck driver arrived at Whites Transport and began loading the remaining four pallets on to his truck. He left the Whites Transport at 1.05pm and arrived at Kennards Self Storage at Petersham at about 1.13pm where he unloaded the remaining four pallets. At 1.47pm the offender put a photograph in the Threema chat group of all eight pallets that had now been received.
Harvey de Monster then confirmed which of the 20 rolls on the pallets contained the methamphetamine. Harvey de Monster sent numerous photographs and videos showing the unrolled plastic containing methamphetamine, along with the instruction “Be careful removing tape holding tt”.
At 2.23pm, Razor sent a message to the offender: “Brother are you getting your boys take all fry out so we can pass to my mate. Wanna try and to pass him 34kgs today and 34kgs tomorrow.” The offender replied: “Depending on how many kgs in each roll. We need to unpack it neatly.” Another group chat was set up that evening on Threema. It had a heading “34 units passed.” The first two messages were posted by Razor: “Brothers talk here please. Provider [vocative] Do you think today we could pass 34 units to block [somebody else’s handle] please.” The offender replied: “Maybe 27. I’ll see what can be ready.” Fifteen minutes later the offender sent this message: “Okay, so we do all 68 tomorrow. Two times first roughly 11am, second roughly 3pm.” Razor then sent this message: “Block [vocative] you happy with this? Or split over two days?” Block responded, “Yes all good bro.”
At 3.28pm, four unaccompanied pallets of plastic rolls were seen on the loading dock at Kennards Self Storage at Petersham. At 3.30pm, WA was seen entering that self storage facility, having arrived on an electric scooter. He moved the pallets of film into the storage unit. At 3.44pm, the offender sent to WA photographs that he had been sent by Harvey de Monster showing him how to identify the rolls containing the prohibited drug and where the tape was attaching the prohibited drug to the rolls. The agreed facts contain appropriate photographs no doubt taken from the group chat.
WA remained in the storage facility until about 6.10pm. He was seen returning to his storage facility on his scooter with a silver suitcase at 6.16pm. He entered the storage unit and left with the suitcase and a roll of green film over his shoulder. He left the self-storage facility at about 6.40pm. The agreed facts then turn to the arrest of WA. His activity came to the notice of the New South Wales constabulary, whose suspicions were aroused by what he was doing. The police attempted to stop him and there was then an altercation between WA and the police in which WA injured two of the police officers. That lead to the discovery of the rolls of plastic.
The substance in each roll was forensically analysed. The roll numbered 1, contained 3.333 kilograms of methamphetamine with a purity of 78.5%. Roll 2 contained 3.344 kilograms of methamphetamine with a purity of 79.5%. Roll 3 contained 3.343 kilograms of methamphetamine with a purity of 79%. Roll 4 contained 3.341 kilograms of methamphetamine with a purity of 79%. Roll 5 contained 3.229 kilograms of methamphetamine with a purity of 78.5%.
Police subsequently searched the Kennards Storage unit at Petersham and located a further 15 rolls of green plastic with white powder embedded within them. The white powder was determined to be a total of 51.1108 kg of methamphetamine. A small amount of the drug from each roll was taken and put into a composite sample. That sample was analysed and found to have a purity of 79%. In total, the police seized 20 rolls containing 67.7 kilograms of methamphetamine. The total amount of pure methamphetamine was 53.467 kilos. That, as I mentioned earlier, was 71.3 times the commercial quantity fixed by the legislation.
“Between 12.40am 5 September 2022 and 2.30am 22 September 2022 at Tempe did traffic in a substance, the substance being a controlled drug, namely methamphetamine, and the quantity trafficked being a commercial quantity, contrary to subs 302.2(1) of the Criminal Code (Cth).”
The amount referable to Sequence 31 is 4.5028 kilograms. The relevant facts are relatively short.
At about 2pm on 13 September 2022, a flat bed truck carrying two tool chests arrived at Kennards Self-Storage at Kingsgrove. The driver unloaded a red tool chest. At about 2.33pm, the driver loaded a blue tool chest into the truck. Bui and the driver of the truck had a few interactions before the driver left at 2.40pm. He went to the GKR Transport complex at Monier Square at Villawood where, at 3.20pm, two tool chests that were on his truck were unloaded.
That evening at around 6pm, the chests were loaded into a semi-trailer with a South Australian registration plate and driven from the GKR Transport complex. They were driven to Western Australia. Bui tracked that journey using an AirTag. The tool chests with the AirTag were later found at Unit 4/37 Oxleigh Drive at Malaga in Western Australia on 22 September 2022.
On 22 September 2022, a Commonwealth search warrant was executed at Unit 4/37 Oxleigh Drive, Malaga. During the search, police located 5.72 kilograms of methylamphetamine, the pure amount being 4.5 kilos found by police. They also found a bag labelled “return”, filled with a crystal substance. The substance was examined and determined to be 499.1 grams of methamphetamine, they purity of 79.8%, giving a pure weight of 398.3 grams. That was found on the office floor, along with two boxes of Australian currency.
Two packages were found inside a tool box, each package contained a clear resealable bag which had been taped up with black gaffer tape and filled with a crystalline substance. One held 946.3 grams of methamphetamine with a purity of 79.7%, giving a pure weight of 28.2 grams. The third bag held 263.9 grams of methamphetamine with a purity of 80.3%, giving a pure weight of 211.9 grams. The fingerprints of this offender were located on the adhesive side of the black gaffer tape surrounding one of those three bags.
Eight packages were found inside another tool box., each of which contained a clear resealable bag which had been taped up with gaffer tape. Each of those bags were filled with a crystal substance. The bags contained a total of 3,975.7 grams of methamphetamine with a purity of 78.8%, giving a pure weight of 3,132.9 grams. Again, this offender’s fingerprints were located on the exterior of four of the packages, and on the adhesive of the black tape on one of the packages.
Also found, was a box addressed to this offender using his full name and giving his full address. There is an invoice attached to the box which bore the date, 29 March 2022 and included this offender’s mobile telephone number and this offender’s email address. That finding indicated, that as far as those involved in the drug trade are concerned, this was very sloppy work on his part. It was submitted by the defence that that showed that he was hardly a principle in the syndicate. But equally, even principals can sometimes make mistakes. However, the higher up the chain one is, the more sensitive one would be, because one has much to lose.
Also found were multiple boxes of gloves, a GKR transport invoice, a money counting device, a yellow Daytona tool chest with an Apple Air Tag attached to it with black tape. Bui’s fingerprints were located on the adhesive of that black tape. There was also a blue tool chest with an Apple Air Tag attached to it with black tape. There were also numerous sieves, baking trays, vacuum seal bags. digital scales., drug wraps. work gloves and three boxes of clip seal bags, as well as two vacuum sealing machines. This would have been some form of portable drug workshop.
“Between 12.40am and 2.30am on 22 September 2022 at Tempe, did deal with the proceeds of crime, to wit, $1,500,495 being reckless as to whether it was the proceeds of crime.”
On 22 September 2022, the police attended the offender’s home at 14 Bridge Street, Tempe. There they found both this offender and Campbell. This offender was then arrested and, as I stated yesterday, he has been in custody ever since. The police executed a search warrant at his home on that day. They found the following referrable to Sequence 34: $13,375 in bank notes in the drawer of a table in his bedroom. They also found a clear releasable bag containing 23 bundles of bank notes, totalling $230,250 in a shoebox on the mezzanine stairs of the offender’s bed.
In the loungeroom of that home, they found in a black toolbox, 18 bundles of cash totalling $179,900. They found six bundles of cash sealed in black tape. Those six bundles of cash totalled $1,076,970.
“On the 22nd day of September 2022, at Tempe, in the State of New South Wales, did supply an amount of prohibited drug, to wit, 316.47 grams of crystal methylamphetamine being an amount which was not less than the commercial quantity applicable to that prohibited drug (Deemed Supply)”.
In the process of executing the search warrant, police found a number of items containing methylamphetamine. I should indicate that under Commonwealth Law the drug is called methamphetamine and when reciting the facts concerning Commonwealth offences, I have sought to describe the drug in that fashion, however in the State law the drug is described as methylamphetamine and in seeking to describe the State offence, I will refer to the same drug in that fashion.
In the offender’s bedroom, the police found a glass dish containing 229.4 grams of methylamphetamine with a purity of 73.5 percent. They also found 44.74 grams of methylamphetamine with a purity of 77 percent located on his computer desk. They also found 42.24 grams of methylamphetamine located in bags on that desk. In the bathroom police found a glass containing 102 grams of liquid which contained methylamphetamine. They also found a brown glass dish containing 68 grams of a substance. The substance was found to contain methylamphetamine, which was 16.5% of the total amount.
In the rear room of the house, they found a nine litre cooler, inside which there was 1.066 kg of methylamphetamine with a purity of 2%. They also found another cooler with 1.6 grams of methylamphetamine residue on the outside. They found a glass measuring cup containing 49.33 grams of methylamphetamine which was mixed with dimethyl sulfone. They found a glass dish containing 0.51 grams of methylamphetamine and a pot containing 0.61 grams of methylamphetamine.
In the dining room, they found a plastic jug containing 147 grams of liquid which contained methylamphetamine. As I said, that is agreed to amount to 316.47 grams.
“Between 12.40am and 2.30am on 22 September 2022 at Tempe did possess a prohibited firearm, to wit, 1 x UNKNOWN manufacture battery operated select fire gel ball air (X0003526935), not being authorised to do so by a licence or permit”.
“Green gel ball air gun, which is a prohibited firearm. This firearm was on display at the entrance to the bank shed. This would have been visible to those opening the shed door.”
The photograph shows what looks like an automatic gun with its magazine detached and displayed immediately below the front end of the gun. The photograph appears to me to show a black implement, but I can discern it may have been very dark green. There is no evidence that this green gel ball air gun was ever used. Where it was mounted may have been to act in terrorem of anyone unlawfully entering the back shed, perhaps with a view to stealing something.
There is one area of the facts that I have not discussed and I should now: “the relevant facts” because they go to the issue of the offender’s role in this criminal syndicate. The agreed facts which I did not cite when recounting the offences committed by the appellant are paragraphs 80 to 85. They are recorded in the agreed facts out of place. They are not linked to any particular count, however they concern the role of the offender in the syndicate, and for that reason they need to be noted and discussed, as it is the issue that remains outstanding between the Crown and the offender: his exact role in this criminal syndicate.
The relevant facts are these. They bear a heading “[offenders] communications with other members of the syndicate in September 2022”.
On 5 September 2022, Razor and the offender sent messages to compare their records.
| Razor | Offender | | “So ten units fry Perth. Cash: 2,821.7 k all up Sydney and Perth Then 200G dusty old reshard work 300 kgs wax work we need to shard Sydney: 8kga fry and 3kgs small B grade” | “I have 2,795 K here. Delta artwork in result 1843 G. We had 11 units before killer took 2.9 units fry Perth. The extra one you got there is 700 g of sand and dust that arrived back today.” |
That night Razor and the offender exchanged numerous messages around the distribution of drugs interstate. Razor said at 20:28:
| Razor | Offender | | “Hey brother we gonna send the 3B grades this week? Also any chance it can be close to Sunshine Coast bro or nah?” | “Bro, you just tell me where it need to be near and I’ll make it happen.” | | “Sunshine Coast please brother. I’ll have the kgs passed to you next day or so hoping tomorrow. Also maybe we send that kg B-grade you got today up north.” | “Let’s make that decision now. Truck is picking up B-grade in the morning.” | | “Nah send west bro. All good someone will grab it. I’ll get three more to you tomorrow to send north.” | “We doing any work in and around Bris? I already got us a Wearhouse in Sunnybank. I will just sack it, if we don’t use it much.” | | “Brossy [sic,scil.Brissy] will always be needed.” | |
At 4.36pm on 12 September 2022, Razor told the offender that three units of B-grade were being sent to him for him to transport to Queensland. The offender indicated that the drug would arrive on the following Friday morning. At 6.13pm, on that day Razor asked, “How many now you think we moved Perth all?” The offender replied, “Nearly 60.”
On 19 September 2022, the offender and Razor were in multiple group chats on Threema arranging the supply of a large amount of prohibited drugs to different people. On the morning of 21 September 2022, Razor asked the offender to provide a half million dollars to other people the following day. The offender agreed and later on the day asked “Jiso to count $500,000.” The money was to be exchanged at 4 Sunray Drive in Innaloo, which I am told is in Perth. It was also arranged that Jiso would supply 1 kilogram of B-grade and 2 kilograms of methamphetamine.
The accounting procedure which took place on 5 September 2022 was initiated by Razor. That suggests that he may have been calling to account the offender by initiating the process in a polite way by saying what his records show, and seeking some agreement or update from the offender. In my view, that does not show that the offender was a principal in the syndicate.
The discussion about working in southern Queensland shows nothing more than that the offender was seen as a person holding the product who could dispatch it elsewhere. Razor wanted some product to be sent to the Sunshine Coast, but it could be immediately sold to a customer in Western Australia. So, Razor let that occur or agreed to that occurring, depending on how one approaches it. The offender then said that if a warehouse was not needed in Brisbane, it could be let go. But then Razor replied, “Brissy will always be needed.”
The fact that Razor asked the offender to provide a half million dollars in cash to another, merely indicates that the offender was holding cash reserves. That is obviously what was going on because when police executed the search warrant, they found large amounts of cash. If one is distributing the drugs, one collects the money. It does not mean that one is in charge of the drug syndicate. The person in charge of the drug syndicate establishes it. For example, when drugs were being imported from Malaysia to Sydney, the offender was the “doorman”, the means of getting it through customs, the means of taking it from the ship into our community for distribution to those wishing to buy illicit drugs. There is no evidence, for example, that this offender organised the dispatch of drugs from Malaysia; just no evidence at all. None of this material, in my view, indicates that the offender was a principal.
I read all the material that has been put before me before I read the written submissions of counsel. Before I heard from counsel in Court. My distinct impression after reading the facts and the other matter contained in the Crown sentence summary was that the offender was beneath persons such as Razor and Harvey de Monster.
I am aware of what is contained in the written submissions. Mr Crown spoke to me about his submission that the offender should be seen as one of the principals and I listened closely to what he had to say. I also listened very closely to what learned senior counsel for the offender said against what had been said by the Crown. Again, on reading the facts into these reasons for decision, I remain in the position I initially was.
I note with a little amusement that the offender in his letter to me of 9 February 2026, which commences on page 54 of the materials put before me on behalf of the offender, that he followed directions of others especially Razor and Harvey de Monster. I have not taken that into account when reaching my decision because it is clearly self‑serving. I note that senior counsel for the offender made it clear that in his submission, Mrdistro888 was another who may have been in the same position as Razor or Harvey de Monster, there is merit in that. However, I must firmly bear in mind that these are criminal proceedings. The Crown must prove its contentions contrary to the interests of the offender beyond reasonable doubt.
I firmly remain of the view that the evidence before me shows that the offender was subject to both Razor and Harvey de Monster in the criminal syndicate. He was certainly treated well by them and was clearly trusted by them. But it does not that he was a principal; it means that he was a trusted manager. On that basis, he falls to be sentenced.
There are of course, the usual submissions as to where the offences fall into comparison to a worst case of the possible type; the question of objective seriousness. I accept that Sequence 32 falls below the mid-range of seriousness. Related to it are firstly, sequences 33 and 30. I accept, also, that each of those is below the mid-range of seriousness.
That brings me to Sequence 11. Once upon a time, the amount here in question may have led to a finding that this was well above the mid-range of objective seriousness. However, these days when one is used to hearing cases where there have been tonnes of illicit drugs imported or sought to be imported, the significance of the sums in question here falls away. For the importation of a commercial quantity or dealing with a commercial quantity of methamphetamine, both Sequence 11 and Sequence 31 fall, in my view, below the mid-range of seriousness.
In connection with the State offences, the first of which is Sequence 34, it is, perhaps to the Crown’s benefit, that the large amount of cash was found in the offender’s home. There are, as I understand it, proceedings in the Supreme Court seeking forfeiture of that money and other amounts of money; the amount of money found at the offender’s premises is something from which the Crown benefits. It appears to me to be likely that only a small amount of the money, the money found, at least in the bedside table, was likely to be the offender’s own money, and perhaps the money in the shoebox in the mezzanine step to the offender’s bed may have been for his personal benefit. Clearly though, the rest of the money elsewhere in the house was designed to be moved around. Perhaps, as money had been moved around to Western Australia, the offender’s home might have thought to have been some sort of clearing house or exchange.
Again, while the amount of money found is high, there has been no attempt by the offender to purchase commodities with it, such as turning it into gold or silver or to buy realty or cars or the like, which might make recovery of it difficult. In the circumstances, this recklessly dealing with the proceeds of crime, in my view, is again below the mid-range of seriousness.
The deemed supply, again, whilst the amount is less than a kilogram and the amount was “all over the shop”, in the offender’s home, it is merely probably the results of extended trafficking. The amount found at his home, again, falls below the mid-range of objective seriousness.
As far as the firearms are concerned, that is at the bottom of the range. I have made those findings in shorthand form because I am running out of time. It is Friday afternoon and I am sitting next week in Newcastle, and the week after that in Lismore.
I turn now to the offender’s personal circumstances. They excite sympathy and they are unusual. The offender was born in December 1984, and is currently 41 years of age. At the time of his arrest, he was 37 years old. There is a wealth of material before me about his personal circumstances. There is an affidavit from the offender’s mother affirmed on 4 February 2026, comprising 26 paragraphs over four pages. There is also an affidavit from his stepfather, Mr Francesco Dentice; his mother’s current partner, as well as the offender’s letter to me, to which I have referred earlier.
There is also a report from a psychologist, Ms Yiota Zingirlis, a clinical and forensic psychologist who interviewed the offender for 90 minutes, via audio visual link on 20 June 2025. It is worthwhile quoting it at some length, because it sums up, in my view, accurately, the offender’s background. The report contains this matter:
“Mr Torthitithan was born in Thailand, the youngest of three children from his parent’s union. He believed he met developmental milestones without complication. He explained that his parents separated within a few months of his birth and he went to live with his mother, whereas his older sisters remained with his father.
He explained that his mother was a sex worker, a fact that he had denied to himself until his 20s, convincing himself that she worked at a bar. He was often left in the care of others, with his earliest memory dating back to the age of four. He recalled her informing him that she had to leave for work and being placed periodically with ‘foster families’, until the age of ten. He also spoke of often being taken to his mother’s place of work in the red-light district in Thailand where he was exposed to nudity and sexual acts from approximately the age of five. He stated that he did not necessarily have a male figure growing up, and although his mother paid for expenses, ‘he didn’t really have a mother’ either.
At the age of ten years old, his mother married an Australian man and they relocated to Australia. He spoke of initially feeling that he had a family with stepbrothers, although by the time he was 14, his mother had divorced her then husband. Mr Torthitithan reported that her husband had reportedly been unfaithful with his mother’s friend, which resulted in an argument and her raising a knife towards him. Whilst verbal arguments had been frequent, this was the first violent episode, although there had been no police involvement.
Following the breakdown of this marriage, his mother soon met her partner, Frank, who Mr Torthitithan referred to as his stepfather and with whom she had remained in a relationship. They moved in with him and he reported that Frank had attempted to provide guidance and support. He felt that he was ‘the closest thing [he] had to a father figure’ and described him as a ‘good man’. He recognised that he ‘would have been a lot worse if Frank didn’t come around when he did’.
Mr Torthitithan believed his mother was still engaged in sex work and recalled being left with Frank and he would see his mother once a week. He reported being left to his own devices and subsequently ‘ran amok’, often being truant from school. His stepfather had tried to establish some boundaries, with Mr Torthitithan, initially pushing back. He attended Randwick Public School and had thought he was ‘dumb’ as he struggled with his literacy. By the age of 17, he described himself as a ‘menace’, picking fights for no apparent reason. Despite this comment, he reported only one episode of suspension, having had a good relationship with his teachers and that he was able to complete his year 12 and obtain his Higher School Certificate.
He explained that following his schooling, he felt lost until Frank encouraged him to obtain employment. He attempted a variety of jobs, predominantly in the construction industry and had also worked in Frank’s business.
At the age of 19 he commenced working with his previous stepbrothers in construction until the age of 25. Frank had supported him to financially save and assisted him in buying his first home at the age of 21. He left his role after he had been initially promised a component of the company before his stepbrothers ‘back-stabbed’ him. He commenced as a contractor for himself in construction, which he continued up until his incarceration.
He denied ever being fired or reliant on government benefits, stating that he never relied on anyone growing up and appreciated working. He spoke of specifically enjoying construction as he could see the end product of his work which he took pride in.
Mr Torthitithan reported having had two significant intimate relationships in addition to more casual encounters. His first serious relationship began at the age of 17 and lasted for three years. He ended the relationship and remained single up until the age of approximately 24. He was with this partner until his incarceration. He described the relationship as serious and stated they had begun discussing starting a family together. However, following the incarceration, she found it difficult to continue the relationship. He also felt it was unfair to ask her to wait until his release as she was now 44 and she still wanted a family. They had not had any contact over the past year, despite her attempts to reach out. He explained that while initially upset, he was able to empathise with her perspective and believed that ending the relationship was ultimately the right decision.
Mr Torthitithan reported that in his 30s, he began to reflect on his upbringing, his relationship with his mother, and how it impacted his relationships. He spoke of seeing himself as a ‘chameleon’, being able to be ‘friends with everyone but not close to anyone’, being seen as ‘everyone’s friend but no one’s’ being his own. He spoke of difficulties in demonstrating affection and having a cold demeanour towards his mother until his 20s. He was firmly opposed to sex work and could not understand how men would pay for sex, having viewed it as an aspect of pride. However, towards his late 20s, he was able to accept his mother’s profession and the ways she had attempted to support him. He explained that once he had reached that level of acceptance, ‘it was like I went headfirst into it, I no longer hated them, I love them, all of them’. He explained that his engagement with sex workers was less about the sexual acts as he spent the majority of time talking. If he were unable to connect with an escort verbally, he would terminate the encounter. He reported that discussions often involved understanding how and why they had chosen this line of work, as opposed to just the sexual acts, and he saw it almost as a compulsion. Since his incarceration, he had begun reflecting that maybe it was a way for him to understand not only his mother but also himself.
Mr Torthitithan reported that he was first exposed to illicit substances when he saw his mother smoke marijuana in front of him when he was four years old. Knowing that his mother used substances and alcohol he felt this had deterred him from using until the age of 23. He explained that he was offered cocaine at a friend’s birthday, and it was the first time he thought he would try. He reported that he was ‘immediately hooked’, and it became an integral part of his life. He spoke of using half a gram daily between the ages of 23 and 29. At 29, he attempted to reduce to ‘one line a day’ to control his use, although he soon realised that ‘it was a lie’ he was telling himself. He said he ‘was around it so much, it was so easy’ to use and that his addiction was ‘not just to the drug, but what comes with it, the women’, referring to use [sic] engagement with sex workers.
He denied the use of other drugs.
He spoke of initial withdrawal symptoms upon his reception into custody. However, although illicit substances were available within custody, this was not something he had pursued. He acknowledged the impact of substance use, how it contributed to the offending and his desire to make changes in his life as he had lost everything as a result.”
The psychologist’s report then contains a medical history and a psychiatric history. In the psychiatric history it is recorded that at the age of 28 when his previous partner encouraged him to see a psychiatrist to deal with his own childhood experiences, he explained that that occurred in the context of his becoming very defensive and angry in discussions about his mother and her occupation, with his first girlfriend. The offender did attend several sessions over the course of a year but denied having received any formal diagnosis of mental illness. The offender has not had any involvement with Justice Health psychiatrists or Justice Health psychologists.
Testing carried out by the psychologist showed that the offender’s depression, anxiety, stress and at the end of that, total distress, fell within the normal range. The psychologist had available to her the benefit of an interview with the offender’s stepfather, Frank, or as I have been calling him, Francesco Dentice, and she also had available to her the records of the Department of Corrective Services. She went on to diagnose that the offender had in the past a stimulant use disorder from his use of cocaine, although it was in remission because of his incarceration. At [52] Ms Zingirlis said this:
“Despite an unstable upbringing, he does not display evidence of a significant mental illness for which regular psychiatric treatment has previously been or is currently required. Whilst he presented with previous low moods, difficulty with motivation and enthusiasm, some agitation and irritability, those symptoms did not meet the diagnostic threshold for a mental illness.”
“Custodial settings are not generally environments that promote mental health and emotional wellbeing. Research indicates that prisoners are significantly more likely to suffer from a range of mental health conditions than those in the community. However, based on his ability to adapt to a custodial environment over the last three years, Mr Torthitithan impresses as a resilient individual in managing a custodial sentence.”
The offender’s childhood is an extraordinary one, one which very, few people would ever experience, and speaks of an absence of required parental love, care and affection. I find it unsurprising that the offender should be led astray by cocaine, and reflecting on his mother’s background, have turned to repeated cocaine use, and the use of escorts. It, to me, is a reaction to his abandonment, essentially, by his mother, as a child, one which she has acknowledged in her affidavit, and made the offender vulnerable to developing the addiction which he did, and to maintain that addiction, falling into the drug trafficking syndicate.
I have read over the last 20 years many letters from many, many offenders, upon whom I have been called to pass sentence. It is not usual for me to quote them other than to note whether there was admission of guilt and whether there was true remorse and contrition. I intend to quote the offender’s letter to me because it shows how it came about that he became involved in this criminal enterprise. However, immediately before I do that, I wish to quote the second paragraph of his letter, which indicates that the imprisonment has had some salutary effect. It is this:
“Having spent the last three years in gaol, I have come to realise the devastating effects that drugs do and have on the community. I have seen first‑hand other inmates coming into the gaol system with drug withdrawal symptoms and how drugs have negative consequences on other people’s lives. I feel disgusted at myself that I contributed to this harm and social disease. Every time I see an inmate with drug withdrawal symptoms I feel responsible for that.”
“At the time of committing these offences I was short on money and my business had gone to bust. I had no money and was frequently taking drugs, drinking alcohol and maintaining my addiction with escorts. The time around COVID‑19 pandemic was a disaster for me. Just prior to the restrictions, Frank suffered a life‑threatening heart attack. He stayed in the hospital for about four days and was unable to work for a long time. The COVID‑19 restrictions added further pressure on me as work dried up and my income all but disappeared. I became really depressed by this situation.
The issue became even more compounded when I had to move out of my rental home as I could no longer afford the rent. My partner at the time moved back to her parent’s house and I had to ask my tenants to leave. Living away from partner affected our relationship and vacating my tenants also reduced my rental income to zero.
I felt lonely and isolated. My money problems caused me to retreat into isolation and I stopped visiting Frank and my mother as much as I normally would. I became reclusive and isolated myself from my family. When the opportunity, I took it without thinking about the consequences. I worked up to become a trusted member but I was never ever a shot caller or decision maker and I followed the directions of others, especially Razor and Harvey De Monster. Although I was trusted, I had no control as to when the drugs would come in or where they would go. I wasn’t an investor and I didn’t stand to make profits or lose money if shipments were lost. The money found in my house was not mine but I do accept that it was in my possession. Those funds were duly passed up the chain to those above me”.
I can see a clear causal connection between the offender’s unfortunate childhood and adolescence, the broken relationship with his mother, which each is trying to patch-up, his finding some relief in illicit drugs and then his turning to escorts, perhaps to try to repair his relationship with his mother, and then the economic disaster then caused by COVID-19 which threw everything aside and threw this man to prison.
The offender’s use of drugs was questioned by the Crown, relying on exhibits B, C and D. One can easily accept that these documents might not contain the whole truth, the documents being given by the offender to Corrective Services after interviews with officers of the Department.
There is, as been submitted by counsel for the offender, a clear Bugmy issue arising. A rather unusual one, but a clear Bugmy issue. There does not need to be a causal nexus between the deprivation and the offending, but here one can be traced through. I do not believe that anyone sitting in the Courts would accept that this man’s background was in any way normal or would not accept that it was in some way deprived. Bugmy issues play a great deal in this.
“Inmate has been a part of Special Projects for approximately two years. During this time has become a valued member of our team. He is always willing to do any task that he is given and also regularly teaches other inmates skills that he has in construction. He constantly helps the team to meet project deadlines”.
“Inmate has been working on the Inmate Construction Program for the past 14 months. Inmate displays a high level of enthusiasm to complete all tasks given to him. Is a skilled construction labourer and is a valuable key worker for our projects. He is polite, works as directed and always presents for work. He regularly works additional hours after lock-in and weekends to assist in maintaining the team’s program. He works well with officers, contractors and other inmates. He is seen as a mentor/leader to other new inmates on the team”.
“Inmate interested in enrolment in certificate II in construction pathways traineeship program. He understands that he will be on hold at MRRC until traineeship is complete.”
“Inmate is working with project team ICP. Inmate displays good/positive behaviour towards officers and inmates, he is always willing to assist with anything required within the unit. He’s reliable, consistent and punctual when given a task.”
A note to the same effect was made on 13 November 2025.
“Inmate is currently a barber at MRRC and performs his work in MHSU when required, is also a peer mentor who assists with inmates strategies, also helps inmates in Mental Health Screening Unit if he is needed, he is a exceptional good worker.”
He is also the sweeper in his pod, obviously, a well trusted prisoner, given the responsibility, and trusted by Corrective Services staff.
The evidence before me is also full of certificates and the like, for courses successfully completed by the offender. He is perhaps best classified as a model prisoner. When released to parole, his prospects of re-offending are reduced by such positive attitudes.
However, when he is released, it is unlikely that Mr Francesco Dentice or Frank as he is called by the offender, will be able to help him much. I do not know the outcome of the forfeiture proceedings, which I understand, involve an attempt by the Crown to obtain title to his own home. He will need prolonged assistance, which indicates in my view, the need for a finding of special circumstances when fixing the length of the non-parole period.
Gentlemen, I am handing down to you an aide memoire I made for myself, which indicates what I propose to do about numbers. But if I appear to have made any mistakes, please let me know.
I must point out in reasons that it is now 3.15. I shall be on circuit for the next two weeks and I must bring these proceedings to an end. I was given an estimate of 90 minutes for this case: today is the third day.
The next offence is the Sequence 11 offence, the one that carries the maximum penalty of life imprisonment. I must take into account when passing that sentence the one matter on the form, being Sequence 31.
I start with a head sentence of seven years and six months. I note for the same offence, Bui had a commencement point of seven years, fixed by the Court of Criminal Appeal. I reduce that by 25%, because of the early plea of guilty. That reduces that term to five years and seven months.
I intend to impose the State aggregate sentence first. When I have done so, I shall then impose the aggregate Commonwealth sentence, but there will be some partial accumulation of the two sentences. I intend to start the Commonwealth aggregate sentence on 22 September 2024. The non-parole period for the Commonwealth offences will expire on 21 September 2028 and the Commonwealth head sentence would expire on 21 June 2032.
In short, the offender will be sentenced to imprisonment commencing on 22 September 2022 and expiring on 21 September 2028, a period of six years with a head sentence expiring three years and nine months later.
Sutthichai Torthitithan, in respect of each of the offences to which you have pleaded guilty you are convicted. In respect of the three offences which you committed against the law of the State of New South Wales, I fix an aggregate sentence of four years.
In fixing that aggregate sentence, I have taken a sentence of three years for Sequence 34, recklessly dealing with the proceeds of crime but have reduced that to two years and three months because of your early plea of guilty.
In respect of Sequence 4, supplying a commercial quantity of the prohibited drug methylamphetamine, I have started with a head sentence of four years which I have reduced to three years because of the early plea of guilty which you entered.
For the offence known as Sequence 35, possessing an unauthorised prohibited firearm, I have fixed a term of three months imprisonment. Those three sentences of two years and three months, three years, and the third of three months, I have aggregated to a term of four years. I fix a non-parole period of three years. The non-parole period will commence on 22 September 2022, the day of your arrest. The non-parole period will expire on 21 September 2025. The head sentence will expire on 21 September 2026.
For the offence known as Sequence 32, importing a marketable quantity of a border controlled drug, taking into account the offences known as Sequence 33 and Sequence 30, I commence with a term of four years and six months. I reduce that by 25% because of your early plea of guilty. That leaves me with a head sentence of three years and four months.
For the offence known as Sequence 11, importing a commercial quantity of border controlled drug and taking into account your trafficking in a commercial quantity of a border controlled drug, I start with a head sentence of seven years and six months. I reduce that by 25% to account for your early plea of guilty. That gives me a head sentence of five years and seven months. I aggregate the Commonwealth head sentence into an aggregate sentence of seven years and nine months. I fix a four year non-parole period. The non-parole period will commence on 22 September 2024 and it will expire on 21 September 2028. The head sentence will expire on 21 June 2032.
I again explain that the end result is that you will remain in prison until 21 September 2028, and provided the authorities permit it, you will be released on parole on that date and remain on parole until 21 June 2032.
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R
Torthitithan [2026] NSWDC 74
(2013) 249 CLR 571