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Public Defenders

 This table is 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

CaseOffenceAmount (pure)PleaPriorsSentenceAppealFacts

Zhang

[2010] NSWCCA 105

Attempt possess8218.7gPG 

11y

NPP 7y

ADAttempted 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

10.1kgPG

Nil

 

 

 

Nil

 

 

 

No convictions

12y 6m

NPP 7y 6m

30% discount

 

7y 6m

NPP 4y 6m

25% discount

 

10y

NPP 6y

10% discount

AD

 

 

 

AD

 

 

 

AD

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)

 

 

 

 

 

 

 

 

 

Pham

(32)

 

(2010) 205 A Crim R 106

[2010] NSWCCA 238

Import

 

Import

 

Sched:

2 x Att possess comm qty (cocaine and methamphet)

 

 

 

 

Attempt poss

 

Sched:

Attempt possess comm qty methamphet

27.1535kg Cocaine

 

13.04kg Meth

PG

 

 

 

 

 

 

 

 

 

 

PG

 

Total:

14y 6m

NPP 9y 6m

 

 

 

 

 

 

 

 

11y

NPP 7y

Crown AA

Total:

18y

NPP 12y

 

 

 

 

 

 

 

Crown AA

15y

NPP 10y

Cousins – drugs imported from Canada concealed in foot spa units – controlled delivery

N – 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

P – female – significant role liaising with people in Canada and unpacking drugs once they arrived in Australia

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

Nil

 

 

AR as a youth

12y

NPP 8y

 

12y

NPP 9y

 

AD

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.

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

N – female – promised assistance – became involved to repay debt to co-offender – to receive at least $25,000 towards debts

Dao

[2011] NSWCCA 183

Attempt possess22.3kgPG2 offences of supply prohibited drug

10y

NPP 6y

AD

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

PGnil

10y

 

 

6y

 

Total:

11y

NPP 6y 6m

AA

8y

 

5y

 

Total:

9y

NPP 5y

Drugs imported in sculptures – made several trips to Australia at request of a 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

 

19y

NPP 14y

 

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 methamphetPGnil

15y

NPP 11y 6m

AD

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

Received just under 25% discount for plea and assistance – voluntarily returned from Vietnam

Thathiah

[2012] QCA 195

Import1454gVGNil

10y

NPP 5y

AD

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 endPGUnrelated suspended sentence

9y

NPP 6y 6m

 

(3y concurrent)

AdDrugs sent by co-offender to various people by mail from Canada – no specified amount – involved over 14mths

Franze

(32)

[2013] VSC 421

Kaye J

2 x att possess

133.3kg Meth

 

14.1kg Cocaine

VGMinor

16y

 

10y

 

Total:

17y

NPP 13y

 

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

VGnil

10y each offence

 

Total:

15y

NPP 11y

 

3y each offence - concurrent

Sentence AD

 

 

 

 

 

 

Conviction Appeal only - dismissed

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

H – involved in organisation but not a major role and not ware 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

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%

Nil

5y 6m

NPP 3y

AA

2y

NPP 1y

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%)

Record

9y 4m

NPP 6y

AD

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

Bae

(34)

[2015] NSWCCA 133

4 x Aid and Abet Import

 

Aid and Abet import market

3.713kg Cocaine

 

4.021kg Cocaine

 

2.266kg Meth

 

2.243kg Meth

 

0.65kg Heroin

PGNil

20y

NPP 12y

ADKorean – 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] NSWCCA 198

Import54.961 kgPGNil

10y

NPP 6y

Crown AA

15y

NPP 10y

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

Possess

 

Attempt possess

103kg Cocaine

 

7.6kg Ecstasy

 

1.085kg Meth

VGNil relevant

27y

NPP 18y

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