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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manufacture Amphetamine / Methylamphetamine/  Commercial Quantity
Commonwealth

s.305.3 Criminal Code

maximum penalty life

Commercial quantity - 750g (s.314.1) 

Case
(Age if known)

OffenceAmountPleaOriginal SentenceAppealRecordFacts

Nastoski

[2010] NSWCCA 187

ConspiracySee facts

PG

(15%)

11y 6m

NPP 7y 8m

ADDrug offencesDrugs being manufactured in basement on remote country property – 1422.8g pure amphetamines – liquid with potential to produce 2.5-3kg amphetamines – involvement in conspiracy increased over time

Cheung

(34)

 

Choi

(31)

 

(2010) 203 A Crim R 398

NSWCCA

Manufacture6.5888kg (pure)

PG

(25%)

6y

NPP 4y

Crown AD

Nil

 

 

Minor record in Hong Kong

Both offenders flew into Australia and used hotel and storage units in Hurstville to convert liquid to crystalline amphetamines in accordance with instructions by telephone – not clear where drugs originated from – offence in lower range – equivalent roles

Cheung – citizen of Hong Kong – gambling addiction – became involved because of gambling debts

Choi – citizen of Hong Kong – involved to pay off gambling debts

Estrada

 

 

 

Yuan

 

 

Byun

 

[2015] VSCA 22

ConspiracyPotential of 25kg

PG

 

 

 

PG

 

 

PG

5y

NPP 3y

 

 

5y

NPP 3y

 

5y

NPP 3y

Crown AA

8y

NPP 5y

 

8y

NPP 5y

 

8y

NPP 5y

 

Each offender became involved in conspiracy shortly after coming out from Canada – involved in setting up clandestine laboratory – rented premises – purchased, transported and stored chemicals and equipment – equal culpability - sufficient chemicals to produce 25kg drugs

Isolation in custody

Last updated – 3/7/2017

 

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