Lawyer says 'courier' caught with 1kg of ice was 'struggling to survive'

Kevin Song, 31, was set to be sentenced in Newcastle District Court on Friday, where his lawyer made the case that his client, a drug "courier", turned back to a life of crime after a "long-stretch" in prison due to difficulties finding employment.

"He was trying to find work, but as we know in the midst of COVID, it was tough for everybody in finding work and keeping work," Song's solicitor said.

"As an ex-con, with COVID, he was struggling to survive and obviously on this occasion he's turned to be a transporter for a reward, what the reward was I don't know."

Song has admitted to large-scale drug supply, with one charge of dealing with property proceeds of crime and commercial drug supply to be taken into account on sentence.

Song and his co-accused, Jae Son, were arrested in the car park in March 2023, as part of a police strike force investigation into a suspected drug supply operation between Sydney and Newcastle.

Strikeforce Eurack targeted Song and his co-accused, using surveillance and tracking devices to monitor his movements and conversations.

The surveillance led officers to the car park, where police seized about one kilogram of ice, phones and $40,000 cash from hidden compartments built into a car registered to Song's mother.

Crown prosecutor John Stanhope said he did not accept the defence argument that Song became involved in drug transportation because he was struggling to find work.

"Some of the points made by council in relation to the factual circumstances are perhaps not worded in a way that accurately reflects the seriousness of the offending," he said.

Mr Stanhope said he did not believe significant weight should be put on Song's apparent remorse for the crime, given a very similar letter had been presented to the court previously for the matter he was on parole for when he was caught with ice in Newcastle.

"Here's a gentleman who with another friend has driven some considerable distance over a period of time with drugs in the vehicle," he said.

"He knows where he is going, he's heard to say to the other person in the car, 'Contact them, tell them the ETA is 12, midday'.

"He may not know the identity of the intended recipient, but he knows where he is to go to deliver the drugs.

"All of that evidence take together points to them having a common purpose on this day."

Judge Robert Sutherland reserved his judgement, ordering Song to return for sentence at the end of the month.

Co-accused Jae Son has pleaded not guilty and will face trial in February 2025.