A father who pleaded guilty to commercial quantity drug supply has claimed he resorted to it after losing his highly paid job during Covid.
Keith Anderson was caught by police after his ute packed with drugs was involved in a 160km/hr crash on the M1 north of Sydney.
The father-of-three was sentenced to almost five years in jail when he appeared at Gosford District Court.
Charged with Commercial Quantity Drug Supply
Keith Anderson was charged with commercial quantity drug supply after his ute crashed into the back of another car at Ourimbah, 78km from Sydney, on December 5, 2020.
When police attended the scene they found 42kg of cannabis, 500g of cocaine and ice and $40,000 scattered across the motorway.
They also drug tested Anderson which revealed that he was affected by methamphetamine (also known as 'ice') and cocaine.
Drug Supply Charges at Gosford Court House
The 38-year-old appeared at Gosford District Court after pleading guilty to four counts of supplying commercial quantity of prohibited drugs.
He also pleaded guilty to knowingly deal with the proceeds of crime in relation to the cash that was found.
Police found seven guns in the back of his ute and also charged him with possess unauthorised firearm. While the weapons were registered to him in Queensland, he was not authorised to have them in NSW.
The court was told that he had worked with Queensland Rail for 20 years and was managing a team of 30 staff and earning $150,000 a year before Covid hit and he was made redundant.
Anderson said he began using cocaine to "numb the pain" of being out of work and in late 2020 he had a drug debt, no money to buy his family Christmas presents and was in "desperate need of money".
His criminal defence lawyers said that their client had agreed to drive his Toyota ute from Rockhampton to Sydney, pick up drugs and cash and deliver it to an address north of Brisbane.
However, he had consumed cocaine and ice and ended up rear-ending another vehicle while travelling at 160kmh on the M1 motorway.
The crash resulted in a collision with a B-double truck before Anderson's ute had its front wheels ripped off.
The impact saw his vehicle explode in a cloud of drugs and cash, which were scattered across three lanes of the freeway over 150 metres.
District Court Judge Tanya Bright sentenced Anderson to four years and eight months jail, with a non-parole period of two years and four months.
As the father-of-three was bail refused upon his arrest, he had already spent a significant amount of time in custody. He will be eligible for release on 4 April 2023.
Commercial Quantity Drug Supply
The maximum penalties for drug supply charges are based on the quantity of the drug.
For any amount less than the indictable quantity, the maximum penalty for drug supply is 15 years imprisonment and/or a fine of $220,000.
However, if the case is dealt with in the Local Court, these penalties are reduced to 2 years jail and/or a fine of $5,500.
For commercial quantity drug supply, the maximum penalty is 20 years jail and/or a fine of $385,000.
At the top of the range, for large commercial quantity drug supply, the maximum penalty is life imprisonment and/or a fine of $550,000
Section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) sets out that if you knowingly took part in the process of supplying, or agreeing to supply a prohibited drug, you can be guilty of an offence.
You can fight a supply prohibited drug charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:
- You engaged in the supply of a substance, OR
- Knowingly took part in the supply of a substance; AND
- That substance was a prohibited drug, OR
- You believed, or led the recipient to believe that it was a prohibited drug
If any of these elements are not made out, then you can be found 'not guilty'.
Drug supply charges are taken very seriously by the Courts. The maximum penalties reflect the very high likelihood of jail.
Despite this there have been a number of recent examples of these charges being dismissed after an accused person retains experienced criminal defence lawyers. You can read about them by clicking here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.