Large commercial quantity drug supply, the strike force arrest, and bail.

The news, in summary.

On 23 June 2026, NSW Police executed 16 search warrants across the Lake Illawarra and South Coast as the culmination of Strike Force Mokine, a Southern Region Enforcement Squad and State Crime Command joint operation with the NSW Crime Commission, the AFP, and the Australian Border Force. Nine people were charged. Police seized six firearms, about $150,000 in cash, and 300 grams of cocaine. Each of the accused was refused bail and brought before the Bail Division of Local Court 3 on 24 June 2026.

Separately, a man was charged in Lake Macquarie with supply of a large commercial quantity. The detail of the second matter is not yet on the public record beyond the press release. Both charges fall within section 25 of the Drug Misuse and Trafficking Act 1985 (NSW). The two matters are unrelated; they happened on the same day.

What links them, from a practical defence perspective, is the strike-force arrest pattern. A large operation does not end at the door. It produces a forensic exhibit list, a phone download for each accused, a financial trail through banks and money remitters, and a series of intercepted communications. Each of those streams has to be tested.

What does "large commercial quantity" actually mean?

Schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW) sets the thresholds. For cocaine, the large commercial quantity is one kilogram pure. For methylamphetamine, it is one kilogram pure. For heroin, it is one kilogram pure. For MDMA, it is 500 grams. The threshold operates at the weight that is established by laboratory analysis, not at the weight as recovered, which includes inactive cutting agents.

In the Mokine matter the press release records 300 grams of cocaine recovered. That is below the large commercial quantity for cocaine and well below the commercial quantity, which sits at 250 grams under Schedule 1. The charges nevertheless invoke the large commercial offence. That is consistent with the prosecution case being that the seized 300 grams is part of a larger course of supply, with the prosecution drawing the figure from intercepted communications, financial records, and witness accounts of the supply pattern over time. Section 25 is broad enough to capture the full course of dealing where the prosecution can prove it.

What does section 25 require the prosecution to prove?

The Crown must prove three things beyond reasonable doubt. First, that the accused supplied or knowingly took part in the supply of a prohibited drug. Second, that the quantity supplied or in possession for the purpose of supply was at the relevant threshold. Third, that the accused knew, or believed, that the substance was a prohibited drug.

"Supply" is defined broadly. It includes sell, distribute, agree to supply, offer to supply, keep or have in possession for supply, send, forward, deliver, or receive for supply. A person who acts as a courier may be charged with supply on the strict reading of the section. Whether that supply is proven in fact is a separate question, but the charge is open.

Deemed supply under section 29 is the section that catches a person found in possession of a quantity above the trafficable amount. The defence to a deemed supply allegation is to prove on the balance of probabilities that the drug was for personal use only. That defence is rare at the large commercial quantity level.

Penalties and starting points.

Section 33 of the Drug Misuse and Trafficking Act sets the maximum penalty for supply of a large commercial quantity at life imprisonment, with a standard non-parole period of 15 years where the offence proceeds on indictment. The standard non-parole period is the reference point for the middle of the range of objective seriousness. Where the conduct is in the middle of the range and there are no factors that move the sentence up or down, the sentencing judge starts from 15 years for the non-parole period.

In practice, full-time sentences in the 10 to 25-year range are common, with the median for a guilty plea at the large commercial level sitting around 12 to 15 years’ head sentence and 7 to 10 years non-parole. The variation across reported decisions is wide. R v Lim [2018] NSWCCA 263 and the line of authority since covers the relevant principles.

A guilty plea attracts the section 25D discount under the Crimes (Sentencing Procedure) Act 1999 (NSW), with a maximum of 25 per cent for a plea entered before the matter is committed to the District Court. Assistance to authorities under section 23 of the same Act is the other route to a lower sentence, and at the large commercial level it is the route that produces the largest discounts.

Bail in show-cause matters.

Section 16B of the Bail Act 2013 (NSW) lists show-cause offences. Supply of a large commercial quantity is a show-cause offence. The accused must show cause why detention is not justified before the unacceptable-risk test is even reached. Refusal of bail by police is the usual outcome at the strike-force arrest stage. A first bail application in the Local Court runs within 24 to 48 hours.

What shows cause at the large commercial level is a careful question. Strong community ties, a guarantor with substantial surety, a residence away from any co-accused, conditions that address the risk identified in the police facts, and where appropriate, a release on conditions that include reporting and surrender of passport, are the building blocks. The application is run on cause first; if cause is shown, the unacceptable-risk test under section 17 of the Bail Act runs as the second stage.

A Supreme Court bail application under section 67 of the Bail Act becomes the next step if the Local Court refuses bail. The Supreme Court hears the matter fresh and is not bound by the Magistrate’s reasons.

What a strike-force brief looks like.

The brief of evidence in a strike-force matter does not arrive in the usual single document. It arrives as a sequence of items. A Volume 1 with the statements, the recorded interviews, and the running sheet. A Volume 2 with the surveillance log and the phone download summaries. A schedule of intercepted communications, ordered by date and party. A financial schedule. A drug schedule. Each item attracts its own evidentiary challenges.

The two challenges that recur are the source and chain of custody of the intercepted communications, and the reliability of any expert who attributes voice or text to the accused. Where the Crown relies on attribution by reference to phone tower data and lifestyle inference, that attribution can be tested.

What we do in the first 48 hours.

The first move is to obtain the police facts and the bail facts. The second is to identify the co-accused and to make sure there is no representation conflict. The third is to attend the Bail Division and to apply for bail with whatever material can be put together in the time available. The fourth is to identify the strongest applications that can be made early in the proceedings: a section 32 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) is not generally available at the large commercial level, but other limited applications are.

The longer-game work begins after committal. That is where the brief is read, the surveillance is challenged, the intercepts are decoded, and the negotiation with the Crown begins. Cooperation under section 23 of the Crimes (Sentencing Procedure) Act, where it is available, can transform the sentencing outcome.

Frequently asked.

What is the threshold for large commercial quantity cocaine in NSW?

One kilogram pure. The threshold is the laboratory analysis weight, not the weight as recovered. A package of 1.5 kilograms of cocaine cut to 60 per cent purity contains 900 grams pure, which is below the large commercial threshold for the same drug.

Can I get bail on a supply LCQ charge?

It is possible. Supply of a large commercial quantity is a show-cause offence under section 16B of the Bail Act 2013 (NSW). The accused must show cause why detention is not justified, then the court applies the unacceptable-risk test. Bail at the strike-force stage is uncommon but a Supreme Court application after a Local Court refusal often succeeds where the conditions package is right.

What is the typical sentence?

Section 33 sets the maximum at life imprisonment with a 15-year standard non-parole period. The median for a guilty plea at the large commercial level sits around 12 to 15 years head sentence and 7 to 10 years non-parole, with substantial variation depending on role, quantity, cooperation, and antecedents.

Is a courier charged with supply?

Yes. The definition of supply in section 3 of the Drug Misuse and Trafficking Act includes deliver and receive for supply. A courier is within the section. Whether the prosecution can prove the supply against a courier turns on what the courier knew.

What is "knowingly take part" in supply?

It is the alternative way the Crown frames an accessory or facilitator case under section 25(2A). It captures driving, holding the proceeds, storing the drug, or arranging the meet. The Crown does not need to prove the accused was the principal supplier; it needs to prove the accused knew what was happening and did something to take part.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 25 June 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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