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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 – Trafficable / Marketable

Amphetamines / Methylamphetamines

Cth Code - All Jurisdictions

Criminal Code

307.2 Importing and exporting marketable

307.6 Possessing marketable quantities

307.9 Possessing marketable quantities … reasonably suspected of having been unlawfully imported

Penalty: 25 years

Trafficable/Marketable Quantity          2gm

Commercial Quantity                            750gm

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Taylor

(19)

(2007) 172 A Crim R 430

WASCA

Import

136.3g

PG

Nil

6y 6m

NPP 3y

AD

United Kingdom citizen imported drugs from Amsterdam in lining of suitcase – participated to make easy money

Female - Remorse - naive

Bertilone

(44)

(2009) 197 A Crim R 78

WASCA

Import

21.3567g

PG

Nil relevant

3y 9m

NPP 2y 6m

AD

Imported drugs from Indonesia hidden on body - Long term user offered cheap drug while on holidays

Iyoho

(40)

[2011] WASCA 46

Import

533.3g

PG

Import heroin

11y

AD

Arranged for importation from South Africa - Controlled delivery – took possession of drugs and intended to pass them on

Born in Liberia – married with five children

Lau

(54)

[2011] VSCA 324

Import

709.8g

PG

nil

9y

NPP 6y

AD

Arrived from China with drugs in food packages in baggage – reckless as to presence of drugs – courier but culpability not low

Isolation

Ng

(34)

[2012] WASCA 180

2 x Attempt possess

227.1g

 

383.8g

VG

Breached bail for similar offences

3y 6m

 

Cumulative to existing sentence of 7y 6m

Crown AA

11y

 

Total:

14y

NPP 8y 6m

Drugs imported in hand cream and figurine from Hong Kong – controlled delivery – systematic course of taking possession of imported drugs – low to mid-level dealer – monetary reward

Existing sentence imposed for identical offences committed 12 months earlier – 119g and 114g methylamphetamines concealed in dried food

No insight into criminality

Chime

(36)

[2014] NSWCCA 304

9 x aid and abet import

158.6g Meth

 

42.3g Heroin

174g Heroin

>2g Heroin

332.1g Heroin

 

64.7g Cocaine

116.7g Cocaine

159g Cocaine

 

106g Other

VG

Nil

12y

NPP 7y

AD

(minor change made to sentence on one count to correct slip)

Nigerian took delivery of drugs in eight packages – intermediary involving quite a degree of planning – false identification documents – more than a courier – unwrapped drugs and passed them on

Suffering some PTSD

So

(29)

[2014] WASCA 169

Att possess

383.5g

PG

Hong Kong – drug possession / obstruction police officer

7y 6m

NPP 4y 8m

AD

Drugs sent from Hong Kong impregnated in wax candles – controlled delivery – resident of Hong Kong who had flown to Perth and rented unit – two other intercepted parcels contained laboratory equipment – low level drug user – persuaded to participate for substantial fee - trusted confidant of organisers and close to source of drugs

Nell

(36)

[2014] WASCA 193

Import

 

Possess with intent to sell

 

Traffick

169g

PG

(late)

Drug offences

8y

NPP 6y

 

Total

12y

NPP 10y

AD

242.67g methylamphetamine (possess with intent) found packaged in clipseal bags in home of offender while overseas – found bringing in from Thailand drugs in bottles of shampoo and skin lotion at airport – found at premises crystalizing methylamphetamine from liquid form - 57g pure – principal offender – mid level drug dealer – in business of importing, extracting and selling drugs

Drug user since 17y

Alvary

[2014] VSCA 25

Import

397.8g

PG

nil

7y

NPP 5y

 

Drugs concealed in package sent from Iran – took delivery of parcel, spoke to persons in Iran about delivery and sent money to Iran

Cappis

(34)

[2015] NSWCCA 138

Attempt possess

679.7g

PG

(15%)

Nil

6y 9m

NPP 4y

AD

Canadian national – arranged for drugs to be mailed from Canada in bottles – arranged for friends to collect from prior residence – passed on drugs to another person – more than courier – level of 'some significance

Drug addiction

Bae

[2016] NSWCCA 11

Import

309g

VG

 

9y

NPP 6y

AA

8y

NPP 5y 4m

Persuaded to participate in importation by S who imported an identical suitcase at same time also containing drugs – S' participation more significant

Parity - using time in custody to good advantage.