Request callback





    Blog

    Ashley Rake, an alleged bikie associate, has been granted Supreme Court bail for supplying a commercial quantity of prohibited drugs in NSW.

    Get A Free Case EvaluationHave a legal issue?

    Submit your inquiry to speak to a Senior Lawyer






      commercial quantity drugs NSW

      Supreme Court Bail Application Granted for Large Commercial Quantity Drugs NSW

      Ashley Rake, an alleged bikie associate, has been granted Supreme Court bail for supplying a commercial quantity of prohibited drugs in NSW.

      The Sydney man’s family agreed to act as a surety and surrender $2 million.

      Mr Rake was one of the many people arrested following Operation Ironside. However, his bail application lawyers have argued that the evidence against him is lacking.

      The decision follows criticism of Mostafa Baluch being granted bail and then absconding.

      Charged with Supplying Commercial Quantity Drugs NSW

      35-year-old Ashley Rake was charged with supplying commercial quantity drugs after police executed a search warrant on his exclusive Vaucluse apartment in June 2021.

      Detectives seized designer clothes, Rolex watches and a Lamborghini Huracan LP 580-2 Coupe DJE18S, which formed the basis for proceeds of crime charges.

      The Crown case was that two Rolex watches seized in his apartment were worth $430,000, however, Mr Rake’s bail application lawyer suggested it had been appraised at $139,000.

      The prosecution argued that the alleged bikie had unexplained wealth through the items seized. They also claimed they had evidence of large fortnightly deposits made into his bank account, despite him not appearing to make any money through his carpentry business.

      “There is a great discrepancy between what appears to be going on with the business and these large amounts deposited,” the prosecutor said.

      Police allege Mr Rake was involved in the supply of methamphetamine and cocaine and was a Comanchero bikie gang associate.

      He has been charged with supplying a large commercial quantity of a prohibited drug, supplying a commercial quantity of a prohibited drug, participating in a criminal group, knowingly dealing with proceeds of crime and publishing misleading material to obtain advantage.

      Issues with Crown Case

      The multinational police operation was based on police infiltrating the criminal underworld through the ANOM app, which was thought by its users to be an encrypted messaging service however was being monitored by police.

      However, Rake’s drug supply lawyers argued there were issues with the prosecution case. They highlighted that the ANOM messages relied upon by police did not establish he participated in any drug activity.

      In the course of the supreme court bail application, it was argued that Mr Rake was involved in message conversations during which one person asked: “Have you got I?”

      The other person replied: “How much do you need?”

      During the conversation one person sent a picture of a white powder and there was discussion of the buyer requesting “10 units”.

      It was argued that there was no further message to say there was an agreement to supply. It was also submitted that there was no evidence that the 35-year-old made any money from the alleged drug transactions.

      Mr Rake was arrested in June as part of a two-day raid operation across Sydney as part of Operation Ironside.

      The prosecution has alleged that the ANOM device was used at Mr Rake’s unit and at a Kiama residence where he stayed on holiday.

      However, drug lawyers in Sydney pointed out that the encrypted device found at his home did not belong to him. The other device he was alleged to have used was never found.

      Bail Application Granted

      Justice Stephen Campbell granted the bail application after finding the strength of the crown case was neutral.

      Mr Rake’s commercial quantity drug supply lawyers offered a number of bail conditions, including that their client be subject to electronic monitoring. However, Justice Campbell noted that electronic ankle devices could not guarantee that a defendant would not abscond.

      He referred to the infamous Mostafa Baluch bail decision where Baluch broke off his electronic monitoring device and absconded.

      “Bail is not entirely risk free,” Justice Campbell said, echoing the sentiments of bail application lawyers in Sydney.

      While Justice Campbell said he would not describe the crown case as weak, he granted bail on a raft of strict conditions, including that Mr Rake’s family act as surety and surrender $2 million security.

      Mr Rake must also report to police daily, not associate with his co-accused, not possess any encrypted devices and supply police with his work schedule.

      Drug offences in New South Wales

      Drug offences in New South Wales are contained under the Drug Misuse and Trafficking Act 1985 (‘the Act’).

      Broadly, there are two main categories of offences under the act:

      1. Summary offences. These are less serious offences which must be finalised in the Local Court.

      Sections 10 to 18B of the Act set out these offences which include:

      • Possess prohibited drugs,
      • Possess a tablet press or pill encapsulator,
      • Possess equipment to administer prohibited drugs,
      • Falsifying prescriptions,
      • Possess instructions to produce or manufacture prohibited drugs, and
      • Obtaining prohibited drugs through false representations.
      • Indictable offences. These are serious drug offences that may be dealt with by a higher court – usually the District Court.

      These offences are contained in sections 23 to 25A of the Act which include:

      • Supply prohibited drugs,
      • Ongoing supply of prohibited drugs,
      • Cultivating prohibited plants,
      • Possess apparatus for manufacturing or producing prohibited drugs,
      • Possess prohibited drug precursors, and
      • Manufacturing or producing prohibited drugs.

      Some offences cannot be finalised in the Local Court and must be finalised in the District Court. These are known as strictly indictable offences. These generally involve commercial quantities of prohibited drugs.

      Commercial drug supply

      Supplying a commercial quantity or a large commercial quantity of prohibited drugs is a strictly indictable offence.

      To best a commercial quantity drug supply offence, the prosecution must prove beyond reasonable doubt that a person:

      • Supplied, or knowingly took part in the supply of, a substance,
      • That substance was a prohibited drug, and
      • Knew, or believed at the time, that the substance was a prohibited drug

      The definition of ‘supply’ includes:

      • To sell or distribute,
      • To agree or offer to supply,
      • To keep or possess for supply,
      • To send, forward, deliver or receive for supply, or
      • To authorise, direct, cause, suffer, permit or attempt any of the above.

      Knowingly taking part in supply includes:

      • Taking or participating in any step of the supply process, or causing any such step to be taken,
      • Providing or arranging finance for any step in the supply process, or
      • Providing the premises for any step in the supply process, or suffering or permitting any such step to be taken in a premises for which the person is the owner, lessee, occupier or manager.

      What is a commercial quantity of prohibited drugs in NSW?

      A commercial quantity of prohibited drugs depends on the type of drug:

      • MDMA (‘ecstacy’) is 125 grams
      • Cocaine, amphetamines or heroin is 250 grams
      • Cannabis is 25 kilograms.

      What is the maximum penalty for supplying a commercial quantity of drugs?

      The maximum penalty for supplying a commercial quantity of prohibited drugs is 20 years imprisonment and/or 3500 penalty units but this is reduced to 15 years and/or 3500 penalty units if the prohibited drug is cannabis.

      A penalty unit in New South Wales is currently $110.

      What is a large commercial quantity of prohibited drugs?

      A large commercial quantity of prohibited drugs also depends on the type of drug:

      • MDMA (‘ecstacy’) is 500 grams
      • cocaine, amphetamines or heroin is 1 kilogram
      • cannabis is 100 kilograms

      What is the maximum penalty for supplying a large commercial quantity drugs?

      The maximum penalty for supplying a large commercial quantity of prohibited drugs is life in prison and/or 5000 penalty units, or 20 years and/or 5000 penalty units if the offence relates to cannabis.

      Comments are closed.

      Ask a question now!