A Dubbo ice dealer known by the nickname 'big Pat' has been jailed.
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Patrick John Kirchner, 42, was sentenced to six months behind bars after he was monitored participating in a criminal group sourcing and supplying ice to people in regional NSW.
Orana Mid-Western police district detectives established strike force Avern to investigate the mid-level supply of drugs being distributed throughout Dubbo and Wellington.
Between October 2021 and February 2022, Kirchner - also known as "big Pat" or "fat Pat" to other members of the group - was responsible for supplying an unknown amount of drugs to customers directed to him by the alleged leader, directing "investors" to the alleged leader to be supplied drugs, informing associates locations to the alleged leader, and sourcing oxycontin for the alleged leader through a third party.
As a drug user, Kirchner was also responsible for reviewing the drug quality and was frequently monitored discussing it with the alleged leader in code telling him the "bikes going well" and "it took my breath away".
Kirchner and the alleged leader of the criminal group used code when discussing their deals, referring to tiling and job sites or cars and motorbikes.
The leader of the group would refer to his network of suppliers as "labourers" and if drugs were available he would tell them "work" was on.
On one occasion in October 2021 Kirchner was monitored being directed by the alleged leader of the group - who was away at Louth - to supply a woman with one gram of ice from his house.
In November last year Kirchner was also recorded being asked by the alleged leader if he could get any money together. The two met up and Kirchner was given a quantity of ice, which he later reported back on its quality saying "the very first race has a dirty start, but from then on gains form finishes strong".
Kirchner was then recorded telling the alleged leader he "might have an investor or two" and discussed supplying more ice.
Dubbo unfortunately is currently the crime capital of NSW, the prime reason for that is drugs
- Magistrate Gary Wilson
Investigations continued and in November 2021, Kirchner was recorded discussing "an investor to come forward".
By December 2021, detectives monitored the alleged boss of the group ask Kirchner to locate a person who owed him money. Kirchner provided a location where the associate could be found.
On Christmas Day 2021, Kirchner was asked how the previous quality of ice was, which he told the alleged boss "bike going well". Two days later however Kirchner was recorded telling him he was "halfway through the ham you gave me, had a slow start".
A few days later the alleged boss asked Kirchner if he had found "any more coin last night". Kirchner said he found three or four and it was still coming, but he was just "waiting for it to come into his account".
The alleged boss replied telling him to give the client until lunch time before saying "then go around and break his arms, f--k him."
When asked about the quality of drugs, Kirchner often reported back telling him "the white bike goes better than the yellow bike". When asked if it was as "good as the cracker", he told the alleged boss "its on par, but in a different way. It gives me the sweats and makes him take deep breaths".
Throughout January this year Kirchner and the alleged boss continued with almost daily communication regarding supplying ice, and in February Kirchner sourced oxycontin tablets for him.
Another search warrant was executed at Kirchner's home in early February this year. Investigators located a small amount of ice in the garage inside a black magnetic lock box.
During the search, Kirchner told police he had to ring his "boss" for work, where he told the alleged group leader police were "raiding" his home.
Kirchner was arrested and charged with participating in a criminal group and contributing to criminal activity.
In Dubbo Local Court on Wednesday, defence lawyer Ian McGuinness said it was his submission the offending "grappled with the threshold".
The court heard in a sentencing assessment report Kirchner - who had spent 20 years as a tiler - had shown insight into the impact his offending had on his family, however showed limited insight into his impact as a drug user and the effect on the community.
Mr McGuinness said his client understood how his offending facilitated his drug addiction, and asked the court to consider sentencing Kirchner to a lengthy good behaviour bond to support him in the long term to stay on top of his drug addiction.
"He was very honest with me today, and said he needs ongoing support to stay off the drugs," he said.
Police prosecutor Sergeant Ben Bragger said while Kirchner wasn't "top of the tree" his contribution crossed the threshold.
"Ice is an epidemic, and it's very serious particularly in this community," he said.
Magistrate Gary Wilson explained drugs, in particular ice addiction, was a key contributor to a large portion of criminal behaviour in the community.
"Dubbo unfortunately is currently the crime capital of NSW, the prime reason for that is drugs," he said.
"A message has to be sent to this community such activities can't be tolerated in any way, shape or form."
While Magistrate Wilson recognised Kirchner had a minimal criminal record with no similar offending, the court heard he had been charged with a number of offences dating back to 2005, and was in breach of a good behaviour bond for being in possession of a gel blaster gun while offending.
He found the nature of offending and its duration led him to no other alternative than full time imprisonment.
While Mr McGuinness argued the sentence could be served in the community in the form of an intensive corrections order, Magistrate Wilson said the order would have minimal impact, and as outlined in the sentencing assessment report would be a lenient option.
He said he could not find any reason to afford Kirchner any finding of special circumstances.
Kirchner was sentenced to a nine month term of imprisonment, with a non-parole period of six months. He will be eligible for release in January 2023.