The Allegation

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A 24-year-old man was charged after allegedly being responsible for safeguarding a significant quantity of cocaine stored inside a Sydney apartment in Ryde.

The prosecution alleged that:

• he was staying at an apartment containing approximately 724kg of cocaine

• he agreed to provide one kilogram of cocaine as part of a proposed “dead drop”

• he was involved in safeguarding a commercial quantity of prohibited drugs

• $9,200 in cash was also located at the premises

The Crown case focused on the accused’s involvement in storing and dealing with a commercial quantity of prohibited drugs.

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The Reality of the Case

The matter arose after police became aware of an alleged kidnapping plot targeting the accused.

Evidence indicated that:

• Habeeb had booked a 44-night stay at the Ryde apartment and arrived from Melbourne on 3 December 2023

• the cocaine was already inside the apartment when he arrived

• the drugs were stored throughout the property, including inside wardrobes and under mattresses

• the accused agreed to provide one kilogram of cocaine through a “dead drop”

• police subsequently intervened after becoming aware of an alleged plan to kidnap him and steal the drugs

A forensic examination later identified the accused’s fingerprints on a sports bag containing 25 bricks of cocaine.

The drugs were tested and found to have a purity of between 76 and 83 per cent, with police estimating the street value of the seizure at more than $1 billion.

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Our Defence Strategy

In serious drug matters, the defence must carefully examine the accused’s actual role, knowledge and level of involvement.

Key areas include:

• whether the accused knew the full quantity and nature of the drugs being stored

• the circumstances in which the drugs came to be inside the premises

• the accused’s role in safeguarding or supplying the drugs

• the extent of his involvement in the alleged criminal enterprise

• his personal circumstances, including his age, background and history of drug dependency

The defence position must distinguish between a person’s actual involvement and assumptions that may arise simply from their presence at a premises where drugs are discovered.

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The Court’s Considerations

When determining an appropriate sentence, the Court must consider a range of factors, including:

• the quantity and purity of the prohibited drug

• the accused’s role and level of responsibility

• the circumstances surrounding the offending

• whether the accused has a relevant criminal history

• whether an early guilty plea was entered

• the accused’s prospects of rehabilitation and personal circumstances

The Court may also consider evidence of remorse, age, drug dependency and the circumstances in which the offending occurred when determining the appropriate sentence.

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The Result

Habeeb pleaded guilty to supplying a commercial quantity of a prohibited drug and dealing with the proceeds of crime.

He was sentenced to nine years and nine months’ imprisonment, with a non-parole period of five years and six months.

Having regard to time already served, he will be eligible to apply for parole in June 2029.

In sentencing, Judge Sarah Hopkins accepted that Habeeb had no relevant criminal record, was relatively young, had demonstrated remorse and had entered his guilty plea at the earliest opportunity.

Why This Case Matters

This case highlights the serious consequences that can arise from involvement in the storage and supply of commercial quantities of prohibited drugs.

It reinforces that:

• the quantity and purity of a drug can have a significant impact on sentencing

• a person’s specific role in a drug operation is an important consideration

• knowledge, intention and level of involvement can be critical issues in serious drug matters

• an early guilty plea and genuine remorse can be relevant to the sentencing outcome

• personal circumstances, including age and drug dependency, may also be considered by the Court

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Our Expertise

At Abbas & Co Lawyers, we act in serious criminal matters including:

• large-scale drug supply and trafficking offences

• commercial quantity drug charges

• proceeds of crime matters

• complex criminal investigations and prosecutions

We know how to:

• examine the evidence surrounding an accused’s alleged role

• analyse issues of knowledge, intent and involvement

• challenge assumptions about a person’s participation in an alleged criminal enterprise

• present relevant mitigating circumstances to the Court

• develop a strategic approach to serious criminal charges

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Speak to Us

If you or a loved one is facing serious drug charges, early legal advice is critical.

Commercial drug offences can carry substantial penalties and require careful consideration of the evidence, the accused’s role and the circumstances surrounding the alleged offending.

Contact Abbas & Co Lawyers to discuss your options.