As reported by News.com.au , pharmacist Rohan Rapyal has been arrested after being charged over a large drug haul of 70 litres of GBL, 1.7kg of ketamine, 1kg of amphetamine, 70g of heroin and about 3.5g of cocaine. Officers also seized $9,970 in cash, documentation and other items allegedly consistent with the supply of prohibited drugs.
Rapyal was taken to Ryde Police Station on Saturday afternoon. The pharmacist has been charged with eight counts of drug-related offences including:
- the offence of supplying a large commercial quantity of prohibited drugs
- supplying a commercial quantity of prohibited drugs
- supplying an indictable quantity of prohibited drugs
- knowingly dealing with the proceeds of crime; and
- knowingly allowing his premises to be used for drug purposes.
Rapyal was refused bail and appeared at Parramatta Bail Court on Sunday, where he was formally refused bail to reappear at Burwood Local Court in September later this year.
Rapyal also made headlines last year after he was found asleep behind the wheel of his car at an intersection with Valium in his system. Rapyal pleaded for leniency as he feared a criminal conviction would result in his pharmaceutical licence being cancelled and jeopardise his dream of opening his own pharmacy.
The Redfern Region Enforcement Squad are continuing to investigate the alleged drug operation.
Supplying prohibited drugs
Section 25 of the Drug Misuse and Trafficking Act 1985 (“the Act”) provides that it is illegal for a person to:
- Supply prohibited drugs, or
- Knowingly take part in the supply of a prohibited drug.
Supplying prohibited drugs is an indictable offence in New South Wales. This means it is considered as a serious offence carrying significant penalties. It also allows a defendant to have their matter heard by a judge and jury in a higher court. In accordance with section 3 of the Act, “supply” includes:
- Selling and distributing
- Agreeing to supply, or offering to supply
- Keeping or having in possession for supply
- Sending, forwarding, delivering or receiving for supply
- Authorising, directing, causing, suffering, permitting or attempting any of those acts above or things
The meaning of “supply” does not include temporary possession of prohibited drug with the intention of returning it to the owner of the drug (R v Carey (1990) 20 NSWLR 292)).
This offence is broad and ranges from supplying a small quantity of prohibited drugs, up to a large commercial quantity (section 25(2)). A person found guilty of supplying commercial quantities like Rapyal can be fined heavily and face imprisonment for 20 years. However, in accordance with sentencing laws and principles, this will depend on the offence, a person’s previous criminal history and any relevant special circumstances. The amount of prohibited drugs under “commercial quantity” and “large commercial quantity” will depend on the type of prohibited drug in question (e.g. cocaine, heroin, MDMA and ice).
If a person is accused of supplying large commercial quantities of drugs, the prosecution will not only need to prove beyond a reasonable doubt that the defendant was in possession of a prohibited drug, but also the quantity of the drug (Alliston v R [2011] NSWCCA 281). This is because the amount of the drug in possession is relevant to the nature of the supply of a commercial quantity.
The Court has taken the strict view that the sale of illicit drugs causes considerable harm to the community. Heasler SC DCJ in R V Strickland [2020] NSWDC 164 further explains that “it is not just the sale of drugs; it is the crimes that are committed by those who seek to obtain funds for drugs and the destruction to family life and personal life” that contributes to why a retributive sentence is required for people who supply commercial amounts of drugs for profit. His Honour further comments that there may come a time when the community may need to reassess the extent to which retribution is effective in protecting society, but “for the moment they remain very relevant sentencing principles that must apply in most drug supply matters”.
If you have been charged with a drug-related offence, call our office on (02) 9920 1787 to discuss your matter with one of our experienced criminal lawyers today. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales including Burwood Local Court, Penrith Local Court, Parramatta Local Court, Downing Centre Local Court and Mount Druitt Local Court. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blacktown Local Court. This article is not substitute for legal advice and merely for informational purposes.
