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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.

 

Import Prohibited Drug - Commercial Quantity 
Amphetamines / Methylamphetamines
Cth Code – All Jurisdictions

Criminal Code

307.1 Importing and exporting commercial quantities

307.5 Possessing commercial quantities

307.8 Possessing commercial quantities … reasonably suspected of having been unlawfully imported

Penalty: Life imprisonment

Commercial Quantity:    750gm

Case
(age if known)

OffenceAmount (pure)PleaSentenceAppealPriorsFacts

Zhang

[2010] NSWCCA 105

Attempt possess8218.7gPG

11y

NPP 7y

AD Attempted to take delivery of drugs secreted in boxes from co-offender – more than mere couriers – in contact with people overseas – actual knowledge not recklessness

Chan

(35)

 

 

Lo

(27)

 

 

Nguyen

(35)

 

[2010] NSWCCA 153

Attempt possess

 

 

 

Attempt possess

 

 

 

Aid and abet import

10.1kg

PG

(30%)

 

 

PG

(25%)

 

 

PG

(10%)

12y 6m

NPP 7y 6m

 

 

7y 6m

NPP 4y 6m

 

 

10y

NPP 6y

 

AD

 

 

 

AD

 

 

 

AD

Nil

 

 

 

Nil

 

 

 

No convictions

Drugs shipped to Australia from Canada in lining of suitcases – professional and carefully planned operation

Chan – middleman - came to Australia prior to importation and made preparations – position of trust – was to arrange distribution

Lo – lower than a courier – involved only on day of arrest

Nguyen – culpability between Chan and Lo – driver for co-offender – cockatoo on day of delivery

Nguyen

(42)

(2010) 205 A Crim R 106

NSWCCA

Import comm qty cocaine

 

Import comm qty meth

 

Sched:

2 x Att possess comm qty (cocaine and methamphet)

27.1535kg

 

 

13.04kg Meth

PG

(15%)

14y

NPP 9y

 

FT 7y 6m

 

Total:

14y 6m

NPP 9y 6m

Crown AA

Total:

18y

NPP 12y

 

 Cousins – drugs imported from Canada concealed in foot spa units – controlled delivery - involved in setting up business and subsequently arranging to pick and store spa units, removed drugs from units and helped deliver to third person – not a principal but significant role in organisation – financial reward

Nguyen

(34)

 

 

 

 

 

 

 

 

Phommalysack

(25)

 

[2011] VSCA 32

 

Co-offenders:

NGUYEN (2012)

LUONG (2103)

NGUYEN (2013)

Att import

 

Att possess

 

 

 

 

 

 

 

Att possess

29.1kg Cocaine

 

21.8kg Meth

 

6.3kg Ecstasy

PG

 

 

 

 

 

 

 

 

 

PG

10y

 

7y

 

Total:

12y

NPP 8y

(14% assistance)

 

12y

NPP 9y

AD

Nil

 

 

 

 

 

 

 

 

 

AR as a youth

Drugs concealed in foot spas – controlled delivery

N arranged for lease of factory - liaised with customs brokers to arrange clearance and delivery  - liaised with purchasers – signed for delivery of container – present when unpacking commenced – female – promised assistance – became involved to repay debt to co-offender – to receive at least $25,000 towards debts

P – recruited and sent from Sydney to pick up drugs – arranged to have drugs concealed in car – drug user – to receive $10,000 up front then $40,000

Dao

[2011] NSWCCA 183

Attempt possess22.3kgPG

10y

NPP 6y

AD2 offences of supply prohibited drug

Drugs hidden in candles shipped in from Vietnam – low level participant – drove co-offender to rendezvous and unpacked drugs

Longstanding drug addiction

Tiknius

(28)

[2011] NSWCCA 215

Aid and abet import comm qty

 

Possess mktble qty ecstasy

2.0338kg Ampet

 

55.1g Ecstasy

PG

(25%)

10y

 

 

6y

 

Total:

11y

NPP 6y 6m

AA

8y

 

5y

 

Total:

9y

NPP 5y

nil

Drugs imported in sculptures – made several trips to Australia at request of man in Lithuania to deal with drugs – element of duress – to pay off cocaine debt of $42,000

Lithuanian

Pham

 

 

 

 

 

 

Tang

 

[2012] VSCA 101

3 x Attempt possess

 

 

 

 

 

3 x Import

71.564kg Cocaine

 

9.757kg Ecstasy

 

29.285kg Meth

 

VG

 

 

 

 

 

 

PG

15y

(each)

 

Total:

19y

NPP 14y

 

15y

(each)

 

Total:

19y

NPP 14y

AD 

Drugs imported from Canada concealed in spa and pedicure chairs – controlled delivery – role of each offender difficult to ascertain – highly organised and sophisticated business

T greater culpability –more intimately involved and gave instructions – came out from Canada to confirm quantity of drugs and deal with discrepancies

P – facilitated delivery to warehouse and unpacking of drugs

Nguyen

(39)

[2012] VSCA 119

 

Co-offenders:

PHUONG (2011)

PHOMMALYSACK

LUONG (2103)

NGUYEN (2013)

Import

 

Attempt possess

55kg

(pure) mixture of cocaine, ecstasy and methamphet

PG

(21% plea and assist)

12y

 

8y

 

Total:

15y

NPP 11y 6m

ADnil

Female - drugs imported from USA in foot spas – controlled delivery - promised money, car and a house – recruited and gave directions to several co-offenders

Voluntarily returned from Vietnam

Thathiah

[2012] QCA 195

Import1454gVG

10y

NPP 5y

ADNil

Brought drugs into Australia concealed in suitcase – courier not principal

Good prospects of rehabilitation – isolation in custody

Formosa

[2012] VSCA 298

Consp import

 

2 x trafficking drug of dependence (methamphet and ecstasy)

Amount at lower end

PG

(14.3% on head sentence – 18.75% on NPP)

9y

NPP 6y 6m

 

(3y concurrent)

AdUnrelated suspended sentenceDrugs sent by co-offender to various people by mail from Canada – no specified amount – involved over 14mths
Calis

(45)

[2013] QCA 165

​Import1,294.2kg​VG​10y

NPP 6y

​AD​Nil​Dutch national living with wife in Gambia – imported drugs in suitcase – bare courier

Separated from wife and child – medical condition – co-operated in trial

Franze

(32)

[2013] VSC 421

Kaye J

Att possess

 

Att possess comm qty cocaine

133.3kg

 

14.1kg

VG

16y

 

10y

 

Total:

17y

NPP 13y

 Minor

Drugs imported in bottles of beer from Mexico – controlled delivery – significant role - involved in receiving consignment, unloading and moving then directing disposal when alerted to police surveillance – no knowledge of actual amount – lured by profits

Hardship to wife caused by imprisonment

Luong

(53)

 

 

 

 

 

Nguyen

 

[2013] VSCA 296

 

Co-offenders:

PHUONG (2011)

PHOMMALYSACK

NGUYEN (2012)

3 x Att possess

 

 

 

 

 

 

3 x Att possess

29.1kg Cocaine

 

21.8kg Methamphet

 

6.3kg Ecstasy

VG

10y

(each offence)

 

Total:

15y

NPP 11y

 

3y

(each offence – concurrent)

Sentence AD

 

 

 

 

 

 

Conviction Appeal only - dismissed

nil

Drugs concealed in foot spas to be imported to Australia from USA – controlled delivery

H – involved in organisation but not  major role and not aware of amount of drugs – low intellectual functioning – hardship to family

N – asked to come and work for a few days – only became aware of drugs when first package opened

DPP v Peng

[2014] VSCA 128

Import23.1542kgPG

11y

NPP 7y 6m

Crown AA

13y

NPP 10y

 Taiwanese national came to Australia to take delivery of drugs – drugs imported in three crates – controlled delivery – took possession of drugs and delivered them on

RCW (No.2)

(54)

[2014] NSWCCA 190

Aid and abet import

3.96kg Cocaine

 

2.25kg Ecstasy

 

1.34kg Meth

 

3.79kg Other

PG

(50%)

5y 6m

NPP 3y

AA

2y

NPP 1y

Nil

Unusual case – pressured into assisting with delivery of drugs concealed in oven imported from Canada – spoke to police halfway through offence and commenced co-operation – duress – no evidence of financial gain

Medical condition – assistance

Legault

(29)

[2014] NSWCCA 271

Import2.0339 kg

PG

(25%)

9y 4m

NPP 6y

ADRecord

Imported drugs in false bottom of suitcase – not involved in packing drugs – financial reward

Suffered PTSD from violent assault when 15y – good prospects of rehabilitation

Nerbas

(27)

[2014] QCA 259

 

Co-offender:

HANDLEN

Possess

 

Attempt possess

103kg Cocaine

 

7.6kg Ecstasy

 

1.085kg Meth

PG

15y

NPP 10y

ADNil

Drugs imported from Canada in cathode ray tubes over several months – maintained infrastructure used for importing – provided additional labour when required

Lesser offender – long history of legal proceedings – prior good character

Agboti

(23)

[2014] QCA 280

Import2,326.5g

PG

(early)

11y

NPP 5y 6m

AA

9y 6m

NPP 4y 6m

Nil

Female carried 'medicine' to Australia in suitcase in return for payment of flight – not aware of amount of drugs

Good character - desperate to leave Nigeria in difficult personal circumstances – genuine remorse

Bae

(34)

[2015] NSWCCA 133

2 x Aid and abet import comm qty meth

 

2 x Aid and abet import comm qty cocaine

 

Aid and Abet import market qty heroin

2.266kg

 

2.243kg

 

3.713kg

 

4.021kg

 

0.65kg Heroin

PG

(15%)

10y

(each)

 

 

10y

(each)

 

 

5y

 

Total:

20y

NPP 12y

ADNilKorean – drugs found in 18 boxes sent from Canada over five months – came to Australia to co-ordinate receipt and collection of boxes, storage and subsequent transfer – part of well-organised scheme – not isolated – considerable financial gain

Yuan

(31)

(2015) 252 A Crim R 422

NSWCCA

Import54.961 kgVG

10y

NPP 6y

Crown AA

15y

NPP 10y

Nil

With co-offender imported drugs into Australia – arranged for consignment to be stored - considerable planning – occupied important position – role of supervisor or executor - offence committed for financial gain.

Supportive partner – good stepfather to her child

Handlen

(39 at offence – 47 at sentence)

[2015] QCA 292

 

Co-offender:

NERBAS

Possess

 

Attempt possess

103kg Cocaine

 

7.6kg Ecstasy

 

1.085kg Meth

VG

27y

NPP 18y

ADNil relevantDrugs imported from Canada in cathode ray tubes – management role – controlled delivery after drugs detected by authorities

Thomson

[2016] NSWCCA 56

Conspiracy to import comm qty

 

 

 

 

 

 

 

 

Possess prohibited weapon

 

Supply lge comm qty Meth

 

Sched:

Supply cocaine

3.96kg Cocaine

 

1.3kg Meth

 

2.25kg Ecstasy

 

3.79kg PMMA

 

 

 

1.97kg

PG

(10%)

 

 

 

 

 

 

 

 

PG

(25%)

14y

NPP 7y 6m

 

 

 

 

 

 

 

Agg

9y

NPP 6y

(concurrent)

Crown AA

14y

NPP 7y 6m

 

 

 

 

 

 

Agg

9y

NPP 6y

 

Total:

17y

NPP 10y 6m

Minor

Drugs to be imported from Canada in industrial oven frame – controlled delivery – a principal – involved in making arrangements in Australia and supervising others – taser and 95.4g cocaine found in house – in unrelated transaction supplied Methamphetamine to co-offender who took it to Melbourne on bus

Difficult childhood – drug addiction from very early age – family history of mental illness

Tsai Yu

(24)

[2016] NSWCCA 73

Attempt possess10.67kg

PG

(25%)

9y

NPP 5y 6m

AD 

With co-offender, arrived in Australia from China - planned to take delivery of consignment which had arrived from China in Sydney – found to contain drugs - estimated street value $11.95M and wholesale value $3.43M - subordinate to co-accused and played lesser role - travelled to Australia solely to take delivery of drugs by signing for them - job to ensure drugs secured in the premises and returning key to co‑offender.

Gambling problem.

PC

(20)

[2016] NSWCCA 137

Import

 

 

 

Attempt Possess methamphet and cocaine

 

 

Sched:

3 x Import comm

Proceeds of crime

Possess comm

At least 21kg

 

 

 

17.314kg Cocaine

 

20.548kg Meth

 

PG

(30% plea and assist)

 

PG

(25% plea and assist)

19y 6m

 

 

 

16y 6m

 

Total:

26y 6m

NPP 18y

AA

17y 6m

 

 

15y

 

Total:

20y 6m

NPP 14y 6m

Lengthy record – breached conditional liberty

Played managerial role in receipt and distribution of drugs imported over 6 month period from Canada – drugs concealed in equipment – trusted and key member in syndicate – found in possession of $135,700 proceeds of crime

Difficult childhood – drug user – gambling addition

On appeal – degree of accumulation too high

Lin

(52)

 

Ng

(24)

 

[2016] NSWCCA 200

Import

21.9146kg

(79.4%)

Not stated

12y

NPP 8y

ADMinor record in Hong Kong

Drugs hidden in shipping containers – offenders came from Hong Kong to facilitate importation and sell drugs – more than couriers

Assistance given through father of Ng as information about unrelated drug importation

Onyebuchi

(29)

[2016] QCA 143

 

 

 

 

Co-offender:

BOIMAH

Import

791.9g

(pure)

PG

7y

NPP 3y 6m

Crown AA

9y

NPP 4y 6m

NilInvolved in importation of drugs concealed in foot massager in package sent from China – controlled delivery made to co-offender – drugs would have been delivered next to offender – higher than courier

DPP v Thomas

 

 

 

DPP v Wu

 

[2016] VSCA 237

Attempt possess

 

 

 

Import

3.6kg

(pure)

 

 

3.965kg

(pure)

PG

(late)

 

 

PG

5y

NPP 3y

 

 

6y 6m

NPP 3y 6m

Crown AA

9y

NPP 6y 3m

 

Crown AA

10y 6m

NPP 7y 6m

 

Attempted to take delivery of package containing drugs imported from Malaysia – above courier – lower end of distribution chain

 

Two shipments of drugs concealed in packages – task was to facilitate arrival and delivery - above courier – financial reward

 

NB Not co-offenders – appeals heard together to consider discount for guilty plea for Commonwealth offences

Shahbazi

(27)

[2016] VSCA 270

2 x Import3.3kg

PG

(early)

8y 6m

NPP 5y 6m

ADMinor subsequent offence

Involved in two importations of drugs concealed in suitcases – intermediary - liaised with co-offender over addresses and arranged importations with contacts in Iran

Iranian refugee – concern over deportation making custodial conditions harder - remorse

Wang

(29)

[2016] VSCA 292

Import3.653kgPG

10y

NPP 7y

Leave to appeal refusedNil

Involved in five importations over one month - drugs mailed in five packages – controlled delivery – key intermediary – financial gain

Valuable admissions

Zwam

[2017] NSWCCA 127

Import3.97kg (79%)

PG

(25%)

9y

NPP 5y 6m

Conviction AD

 

Sentence AA

8y 6m

NPP 4y 6m

Nil

Drugs found by Customs in suitcase upon arrival at Sydney airport – role was as a courier or trusted importer - wholesale value of around $900,000 - street value $2.5 million - financial gain.

Below mid-range – "recklessness" as to contents of suitcase.

Remorse – good rehabilitation prospects – good character

Boimah

(29)

[2017] QCA 50

 

 

 

 

Co-offender:

ONYEBUCHI

Attempt possess

 

 

Possess false passport

791.9g

(pure)

PG

(10%)

8y

NPP 4y

 

3y

(concurrent)

ADNil

Controlled delivery to offender's house of package mailed from Hong Kong – took delivery – found in possession of false passport in name of addressee – intermediary – lesser role than co-offender – believed package contained drugs without knowing type or weight – motivated by profit

Originally refugee from Liberia – out of character - wife and young child

Banker

(71)

[2017] QCA 74

Import4,177.1gVG

12y

NPP 8y

ADNilAmerican citizen imported drugs in suitcase from Fiji – courier

Last Updated: June 2017

 

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