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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.

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Import Prohibited Drug -
Commercial Quantity
Cocaine

Cth Code - All Jurisdictions

Criminal Code

307.1 Importing and exporting commercial quantities of border controlled drugs or border controlled plants
307.5 Possessing commercial quantities of unlawfully imported border controlled drugs or border controlled plants
307.8 Possessing commercial quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported

Penalty: Life imprisonment

Commercial Quantity - 2kg 

CaseOffenceAmount (pure)PleaRecordSentenceAppealFacts

Riddell

(2009) 194 A Crim R 524

NSWCCA

Attempt possess

 

Possess

3.877kg

 

8.080kg

PG

(25%)

Minor assault charge in Canada

9y

NPP 5y

Crown AA

11y

NPP 7y

Canadian national came to Australia on 6m visa – took delivery of cocaine concealed in goods sent from overseas – unaware of exact nature of drugs – stored goods in hired storage facilities – not involved in unpacking – element of duress

FS

(2009) 198 A Crim R 383

NSWCCA

Conspiring to possess28.399kg

PG

(50% plea and assist on appeal

Nil

12y

NPP 9y

AA

10y

NPP 6y 8m

Mexican - Cocaine concealed in shipping container – high level participation and culpability – not principal but important figure

Assistance discount

J Anderson

(68)

 

M Anderson

(30)

 

NSWDC

Flannery SC DCJ

27.11.2008

 

J Anderson

(2010) 202 A Crim R 68

NSWCCA

Conspiracy to import

 

Conspiracy to import

20kg

VG

 

 

PG

Lengthy

 

 

Nil

18y

NPP 11y

 

10y

NPP 6y

 

 

 

 

 

 

 

 

 

AD

Cocaine found attached to hull of two boats three months apart – J travelled to Panama to purchase cocaine – both men involved in retrieving container from hull of ship on first occasion – M only involved in first shipment of 14.4kg - J involved in second shipment also – closer to middle level of criminality than upper level

J – father – primary participant in conspiracy in Australia – poor health

M – son – lesser criminality – unaware of amount involved – no financial gain – involved out of loyalty to father - early manifestations of paranoid schizophrenia at time of offence – remorse

Nguyen

(42)

 

 

 

 

 

 

 

 

 

Pham

(32)

 

(2010) 205 A Crim R 106

NSWCCA

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

(15%)

 

 

 

 

 

 

 

 

 

PG

(10%)

 

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

Wang

[2010] NSWCCA 319

 

 

 

 

 

 

 

 

Co-Offender:

MA

Att possess

201.2465 kg

(purity 72.3% - 88.2%)

PG

(35% plea and assist)

 

18y

NPP 11y 6m

AD

Female – cocaine hidden in boxes asserting to be Chinese tea – controlled delivery - arranged for delivery of goods to flat and attempted to unpack drugs – active participant and no mere accessory – sophisticated scheme – towards upper range of gravity

Likely unaware of wholesale value of drugs estimated at up to $45 million - to contact director of company importing the goods - higher in chain of command than M whom W recruited - trusted member of group involved in illegal importation scheme

Prior good character - motive of greed and attempt to reconcile with former husband - low chance of re-offending - medium level of assistance - late G plea

Ma

[2010] NSWCCA 320

 

 

 

 

 

 

 

 

Co-Offender:

WANG

Attempt to possess

201.2465 kg

(purity 72.3% - 88.2%)

PG

(35% plea and assist)

 

15y

NPP 9y

 

AD

Drugs hidden in shipping container of furniture and boxes purporting to contain tea – controlled delivery - upper end of scale based on quantity and quality of drugs, amount of money paid for drugs and profits expected from their sale

Initially denied knowledge of drugs and lied at interview - expected payment of $400,000 for her involvement - role lowest of four participants involved in scheme - not party to importation, but aware shipment had to involve large quantity of illicit drugs

Under financial pressure - prior good character - significant although limited assistance to authorities - protective custody

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 debt

Holland

(57)

[2011] NSWCCA 65

Aid and abet import7244.4g

PG

(45% plea and assist)

nil

6y 8m

NPP 4y

Crown AD

Paid to find storage unit for drugs – received directions from others in hierarchy – low level in hierarchy - not aware of amount of drug involved

Canadian national – in financial difficulty.

SJ granted discount of 45% for assistance and guilty plea.

Arenilla-Cepeda

(31)

[2012] NSWCCA 267

Consp to possess4-5kg – 90% pure

PG

(20%)

nil

14y

NPP 8y 6m

AA

12y 6m

NPP 7y 9m

Colombian national – initiated and conducted numerous discussion over several months planning importation – stated contacts were sending at least 5kg – at top or towards top of hierarchy – would receive significant amount of money

Excellent prospects of rehabilitation

20% / 10% assist and plea

Lau

(34)

 

Yim

(36)

 

Yung

(20)

 

[2012] VSC 325

Forrest J

Import

 

 

Import

 

 

Att possess

 

Proceeds of crime offence

207.6kg

 

 

 

 

 

45.6kg

PG

 

 

PG

 

 

PG

 

(20%)

Nil

 

 

Nil

 

 

Subsequent proceeds of crime offences

20y

NPP 16y

 

19y

NPP 15y

 

11y

NPP 6y 6m

 

Drugs concealed in boxes containing lawn mowers – shipped from Brazil – controlled delivery

Yim – involved in practical tasks of storing, repackaging and distributing drugs – to receive $12,000

Lau - supervised Yim - instructed him as to unpacking and repacking of cocaine, liaised with purchaser/s, kept Hong Kong organisation informed – to receive $60,000

Yung – collected portion of drugs on behalf of others – second offence unrelated

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 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

Saab

(37)

[2012] VSCA 165

Import14.6kg

PG

(6.7%)

nil

14y

NPP 10y

AD

Drugs concealed in machinery sent from Canada – controlled delivery – highly organised drug importation - Australian contact and principal organiser – supervised collection and unpacking of drugs and to organise distribution to pre-arranged parties

Unsettled background

Karan

(27)

[2013] NSWCCA 53

 

Co-offender:

CONSIDINE

Aid and abet attempt possess3.173kg

PG

(25% reduced to 15% on appeal)

Nil relevant

3y 9m

NPP 2y 6m

Crown AA

6y

NPP 4y

Drugs concealed in knife block and cutting board imported from Canada – controlled delivery – to receive $5,000 to recruit and supervise consignee and facilitate clearance

Drug addiction

25% discount for guilty plea, assistance and contrition reduced to 15%

C

[2013] NSWCCA 81

Att possess120kg

PG

(45% plea and assist)

 

16y 4m

NPP 10y 6m

AA

14y 3m

NPP 9y

Cocaine imported from Mexico - entered Australia on instructions from cartel to take possession of cocaine - when arrested – low-level participant or courier

Admitted offence and provided assistance to authorities

Inadequate discount for assistance which was significant – placed A and family at risk of retribution.

Considine

(22)

[2013] NSWCCA 97

 

Co-offender:

KARAN

Aid and abet attempt possess3.173kg

PG

(33.3% plea and assist)

nil

1y 8m

(immediate release to recog)

Crown AD

(inadequate but exercised discretion not allow appeal)

Female - Drugs concealed in knife block and cutting board imported from Canada – controlled delivery – to receive $2,000 to be consignee and pick up package – low involvement

Prospects of rehabilitation – difficult background – mother to three young children – emotional vulnerability

Sparos

[2013] NSWCCA 223

Import

 

Supply large comm. qty cocaine

 

Sched:

proceeds

40-60kgPG 

14y 6m

NPP 8y 6m

 

4y 4m

NPP 3y 3m

 

Total:

15y

NPP 9y

ADWorked with T to import drugs in saw blades through T family business – drugs delivered to home of co-offender – 1kg supplied to T at discount – proceeds of crime offence related to over $2 million dollars – subordinate to co-offender who was middle level manager

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 (Hung)

(53)

 

 

 

 

Nguyen (Minh)

 

[2013] VSCA 296

 

Co-offenders:

PHUONG (2011)

PHOMMALYSACK

NGUYEN (2012)

3 x Att possess

 

 

 

 

 

3 x Att possess

29.1kg Cocaine

 

21.8kg Meth

 

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 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

Ruiz

(33)

[2013] VSCA 313

Consp importApprox 30kgPG 

12y

NPP 7y

AA

9y

NPP 5y 6m

Mexican national - Drug imported from Mexico concealed in garden furniture – controlled delivery – trusted observer – modest financial reward

Early plea – remorse - Fresh evidence of assistance on appeal – isolation in custody

Webber

[2014] NSWCCA 111

Import cocaine

 

Possess cannabis

Supply cannabis

Possess cocaine

2219.3 grams

PG

(25%)

Minor drug matters (old)

11y

NPP 7y

 

(All sentences served concurrently)

AD

Nominated as consignee on parcel containing drugs imported from overseas – worked with other co-offenders - controlled police operation

Respected professional golfer who worked as golf instructor – personal drug use.

Blackman

 

 

 

 

Jomaa

 

[2014] NSWCCA 90

Att possess31.92kg

PG

(25%)

 

 

 

PG

(20%)

Minor

 

 

 

 

Nil

9y 9m

NPP 5y 6m

(5% discount assistance)

 

11y 3m

NPP 7y

Crown AD

Drugs imported on ship in bags concealed in legitimate cargo – substantial and continuing involvement – controlled delivery – attempted to take possession of drugs but no indication arranged importation – greater than couriers but not kingpins

J – suffering psychological problems

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

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

PG

(15%)

Nil

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

Velez

(53)

[2015] NSWCCA 177

Conspire import500kgVGNil

18y

NPP 10y 10m

AA

17y

NPP 10y

Part of syndicate - imported into Australia large quantity of cocaine in December 2009-early 2010 - cocaine shipped from South America into Tonga then into Australia - some cocaine remained in Tonga - intention of conspirators to import this "leftover" into Australia at a later time – A acted as conduit between two groups - passed on information and any instructions – vital role in syndicate.

Depression – isolated from family in Colombia.

DPP (Cth) v Gow

[2015] NSWCCA 208

Import2.3kgVGNil

8y

NPP 5y

Crown ADDrugs secreted in computer towers in four packages – come to Australia from Canada to collect packages – towards lower end of hierarchy although with some autonomy

Mato

 

 

 

 

 

 

Rusu

 

[2015] NSWCCA 328

Conspire import

 

Dealing proceeds crime

 

 

 

Conspire import

 

Dealing proceeds crime

209kg

VG

 

 

 

 

 

 

VG

Assault, malicious damage

 

 

 

 

Drug supply (old matters – not significant)

26y 9m

 

Total:

30y 3m

NPP 19y

 

 

27y

 

Total:

29y 9m

NPP 18y 10m

 Six importations from USA with S – S's role to provide the paper work to enable the drugs to be imported into Australia -  Applicants paid S approximately $1.4 million for his involvement. - extremely high level of organisation - very high level approaching that of the worst case category - additional criminality in the 'proceeds' offences concerning monies received from the cocaine importations.

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

Thomson

[2016] NSWCCA 56

Conspiracy

 

 

 

 

 

 

 

Supply lge comm qty M

Possess prohibited weapon

 

Sched:

Supply cocaine

3.96kg Cocaine

 

1.3kg Meth

 

2.25kg Ecstasy

 

3.79kg PMMA

 

 

PG

(10%)

 

 

 

 

 

 

PG

(25%)

Minor

14y

NPP 7y 6m

 

(concurrent sentence for State offences)

Crown AA

14y

NPP 7y 6m

 

State Offences:

9y

NPP 6y

 

Total:

17y

NPP 10y 6m

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

PC

(20)

[2016] NSWCCA 137

Import M

 

 

Attempt Possess M and C

 

Sched:

3 x Import comm

Proceeds of crime

Possess comm

At least 21kg

 

 

17.314kg Cocaine

20.548kg Meth

 

PG

(25%)

 

PG

(20%)

 

5% assist

Lengthy record – breached conditional liberty

19y 6m

 

 

16y 6m

 

Total:

26y 6m

NPP 18y

AA

17y 6m

 

15y

 

Total:

20y 6m

NPP 14y 6m

Played managerial role in the 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

 

 

 

 

 

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