A Sydney man who was involved in the murder of a police informant has been charged with drug supply of over $1 million of methylamphetamine – also known as 'Ice'.
Andrew Perish is alleged to have been part of a criminal group that supplied close to 18kg of pseudoephedrine and 4.5kg of methylamphetamine (ice) throughout Sydney.
The total estimated street value is said to be greater than $1 million.
Four other people were also charged for their alleged involvement in drug supply of ice and prescription medications across Sydney.
Previous Jail Time
Andrew Perish was sentenced to full-time imprisonment in 2009 following a finding of guilty in relation to a charge of conspiracy to murder.
This charge was based on the death of drug manufacturer and police informant Terry Falconer.
Mr Falconer was abducted while on day work release from Silverwater Correctional Centre on 16 January 2001. His body was found sliced up, wrapped in plastic and thrown into the Hastings River in northern NSW.
Mr Perish's brother, Anthony, and another man were charged with murder and found guilty. They were sentenced to 24 years' and 20 years' jail respectively in April 2012.
Mr Perish was released from jail on parole in August 2020.
Drug Supply Allegations
It was in approximately August 2020 that Police began investigating Mr Perish over the alleged drug supply offences.
Following a lengthy and meticulous investigation, police executed six search warrants at Ultimo, Glebe, Leumeah, Rosemeadow and Douglas Park in the early hours of the morning.
In addition to conducting the searches, Police arrested five persons. They alo seized methylamphetamine, cannabis, prescription medications, cash and electronic devices.
Proceeds of crime charges were laid in relation to the cash found. Mr Perish was charged with supply large commercial quantity of prohibited drugs and knowingly deal with proceeds of crime.
Police allege that Perish was involved in the supply of 13kg of pseudoephedrine and 4.5 kilograms of methylamphetamine. He was refused bail to appear at Campbelltown Local Court.
Further Drug Arrests
In addition to Mr Perish, 46-year-old Roxanne Carmella Brincat, was arrested at Leumeah and was taken to Campbelltown Police Station.
Ms Brincat was charged supply commercial quantity of prohibited drugs and conspiracy to supply prohibited drug large commercial quantity.
It is alleged that she was involved in the supply of 13kg of pseudoephedrine. Ms Brincat was refused bail and will appear at Central Local Court on 7 July 2021 with her drug lawyers.
Police also arrested 33-year-old Mr Tony Pham and 31-year-old Ms Thao Thi Thu Pham at Ultimo. They were taken to Surry Hills Police Station.
Ms Pham was charged with 14 offences including three counts of supplying large commercial quantity of prohibited drug. Police allege that she involved in the supply of 18kg of pseudoephedrine and 1kg of methylamphetamine.
Mr Pham was charged with nine offences including six counts of supply prohibited drug. Police will allege he was involved in the supply of 1kg of methylamphetamine.
The pair were both refused bail to appear at Central Local Court as well.
A 31-year-old man was also arrested at Douglas Park and charged with supplying prohibited drugs of an indictable quantity, possess prohibited drug, possessing or using a prohibited weapon without a permit and dealing with property proceeds of crime.
He appeared at Picton Local Court where he was formally refused bail. His case has been adjourned to 14 July 2021.
Investigations under Strike Force Cattanach are continuing.
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.
Having the best criminal lawyers for drug charges will go a long way towards beating these charges. Call Astor Legal on (02) 7804 2823. Or, you can email email@example.com.
We have offices throughout the Sydney metropolitan area where you can speak to Sydney, Liverpool and Criminal Lawyers in Parramatta. We can arrange a conference for you with a Law Society Accredited Specialist in assault offences.
Defences to Drug Charges
One of the below defences to drug supply charges may also apply:
- You weren't aware that you possessed the drug
- Carey defence: You were holding the drug on behalf of another person and intended to give it back to that person (Carey (1990) 50 A Crim R 163)
- The substance was not a prohibited drug, AND you did not believe, nor did you hold it out as a prohibited drug
- The prohibited drug was for your personal use only
- Illegal search: If Police found the drug due to an unlawful search. This may be due to Police not having reasonable grounds to search you, or any warrant(s) they have used being improper or defective
- You were not involved in any steps of the supply
- No supply has taken place and you had no intention to supply
- Duress: You were forced to commit the 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 a commercial quantity drug supply, the maximum penalty becomes 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
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.