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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

Cocaine

Cth Code – All Jurisdictions

Criminal Code

307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants

307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants

307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported

Penalty: 25 years

Trafficable Quantity        2g

Commercial Quantity      2kg

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Onuorah

(2009) 197 A Crim R 430

NSWCCA

Att possess107.2gVGNil

9y

NPP 6y

ADLeased post office box in false name – jewellery box sent from Venezuela with cocaine secreted inside – drugs removed in Venezuela and controlled delivery undertaken – appellant eventually took delivery of box

NN
(31)

 

AP
(28)

 

[2009] NSWCCA 108

Possess

 

 

Aid and abet importation

1.753kg

PG

 

 

PG

Minor

 

 

Minor

8y 4m

NPP 5y 3m

 

7y 9m

NPP 4y 10m

AA

6y 6m

NPP 4y

 

6y

NPP 3y 8m

Cocaine imported in brake drum – N to take delivery of imported package – low in hierarchy – P involved in facilitating delivery of package

40% discount for guilty plea and assistance – married with children – Armenian – reasonable prospects of rehabilitation

Oprea
(45)

[2009] QCA 184

 

Co-offender:
HARRIS

Attempt possess1.4897kgVGOld and less serious drug offences

10y

NPP 6y 6m

AD

Drugs sent from Costa Rica in chocolate package – controlled delivery – picked up package sent to co-offender and delivered it to another person - courier

Romanian refugee

Harris

[2009] QCA 370

 

Co-offender:
OPREA

Attempt possess1.4897kgPG 

7y

NPP 4y

AD

Female - Drugs sent from Costa Rica in chocolate package – agreed to receive package to pay off drug debt – controlled delivery - no involvement in planning

Long term drug addiction – absconded at time of trial

Jimson

[2009] QCA 183

Import1.6868kgPG 

8y

NPP 4y 6m

AD

Female - Cocaine found concealed in suitcase – paid to collect suitcase and deliver it to another person

Malaysian national with husband and son in Malaysia – remorse and assistance

Di Tommaso
(26)

[2010] VSCA 178

Import34.5g PGNil

2y 6m

NPP 1y 6m

AD

Italian national - Imported cocaine in pellets from Thailand

Immature and impulsive

De La Rosa

(2010) 205 A Crim R 1

NSWCCA

Import1870gPGSignificant

8y

NPP 5y

AD

Role of courier – delivered drugs.

[CCA reviews number of sentence cases].

Brink

[2010] NSWCCA 217

Import

210.5g cocaine

 

281.9g heroin.

PG 

8y 6m

NPP 5y

AD

Brought in drugs concealed in picture frames from South Africa – suspicious that frames contained drugs

Amputated leg

Nikolovska
(48)

[2010] NSWCCA 169

 

 

Co-Offender:
NAKHLA

Import1.431kgPGminor

6y

NPP 9y 3m

Crown AA

7y 6m

NPP 4y 9m

Female - Cocaine imported in oil filters – employee of Qantas Distribution Centre – assisted in arranging flights overseas for co-offender, monitoring arrival of packages and passing on information – 'strategically placed facilitator intended to be the receiver and meant to be the deliverer of the importation to co-offender' – breach of trust

Loss of career

Okeke
(44)

[2010] NSWCCA 266

3 x Att possess

 

Possess heroin

 

Recklessly deal with proceeds of crime

80.4g Cocaine

 

617.2g Cocaine

 

372.2g Cocaine

 

473g Heroin

PG 

10y 6m

NPP 8y

AA

10y 6m

NPP 6y 10m

Arranged to receive drugs secreted in 6 packages sent from overseas over 7 months – found in possession of heroin after collecting package from interstate – also found in possession of $61,150 – above mid-range

Nakhla

[2011] NSWCCA 143

 

 

 

Co-offender:
NIKOLOVSKA

Import1.431kgPG 

9y 6m

NPP 5y 9m

AD

Travelled overseas to make arrangements for the dispatch of drugs – cocaine imported in oil filters - given $10k cash to pay co-offender – although other persons were higher in organisation, A was a "trusted lieutenant" and an extremely active participant.

Assistance.

Chong
(25)

[2011] NSWCCA 182

Import151.1gPGUS drug and dishonesty offences

6y

NPP 3y 6m

AA

5y 3m

NPP 2y 9m

Female - Flew in from USA with drugs concealed in underwear

US citizen – heavy drug addiction

Okandeji
(28)

[2012] NSWCCA 30

Att possess774.3gVGNil

12y

NPP 8y

ADTook delivery of drugs imported in wall painting from Brazil - principal

O P Q
(45)

(2012) 221 A Crim R 434

VSCA

Att possess

491.3g Heroin

 

69.7g Cocaine

PG

6y

NPP 3y 6m

AD

Assault – bond

Dishonesty off – suspended sentence

Nigerian – travelled from Sydney to Melbourne to collect five packages sent from Bangladesh, Nepal, Argentina, Thailand, Philippines – organised and planned – possession of false identity documents and cash showed more than just collecting packages – trusted intermediary

Good character HIV – PTSD from childhood in Nigeria – mental condition moderated culpability - drug user

Lindsay
(44)

[2012] NSWCCA 124

Import352.1gPGLengthy.  Drugs, stealing, dishonesty

8y 6m

NPP 5y 6m

AD

Full facts not provided.

Not a mere courier -  involvement included booking his travel and his hotel accommodation

Maya
(27)

 

Kennedy
(50)

 

[2012] QCA 123

Att possess1.865kgVGNil – both

11y

NPP 7y

ADM (female) and K (male) – elaborate arrangements made to take delivery of drugs secreted in hydraulic rams imported from Colombia without detection – different but equal involvement – found commercial motive but no evidence as to benefit

Beqiri
(40)

(2013) 37 VR 219

PossessJust under 1.7kgPGnil

6y

NPP 3y 9m

AA

5y 6m

NPP 3y 4m

 

(conviction for additional offence of manufacture quashed reopening sentence)

Drugs brought in from Fiji impregnated in towels and clothing in suitcase of female acquaintance – collected drugs – made arrangements to extract drugs – significant involvement – expected financial reward

Culpability reduced by psychological condition

Adegoke

[2013] NSWCCA 193

Att possess

 

Proceeds of crime

 

False instrument

86.2gPGDishonesty offences from NSW and USA

7y

 

Total:

10y

NPP 6y

AD

(concurrent sentence for false instr offence reduced)

Found in possession of postal slip for package containing drugs concealed in thermos sent from Brazil – intended to collect drugs to sell

Traumatic background

Hay

[2013] NSWCCA 22

Conspiracy to import

 

Possess

250.7gVG 

7y

NPP 4y

ADDriver for airline catering company became involved in conspiracy to import – co-offender retrieved cocaine hidden in rubbish receptacle in toilet by passenger

Omorogbe
(56)

[2013] NSWCCA 201

Att possess106.4g

PG

(25%)

Nil

5y

NPP 3y

AD

Attempted to collect package of drugs from post box – drugs sent from China – collecting on behalf of another – low end of scale – not isolated

Nigerian – family still in Nigeria

AB

[2013] NSWCCA 333

Import400gPGNil

5y

NPP 2y 6m

AD

Female - Travelled from Malaysia having swallowed 66 pellets containing drugs – pregnant at the time.

Assistance.

Chime
(36)

[2014] NSWCCA 304

9 x aid and abet import

64.7g Cocaine

116.7g Cocaine

159g Cocaine

 

42.3g Heroin

174g Heroin

>2g Heroin

332.1g Heroin

 

158.6g Meth

 

106g Other

VGNil

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

Siddiqi
(19)

[2015] NSWCCA 169

Import1.48kgVGAR, enter enclosed lands - not relevant as bonds had been granted

7y 6m

NPP 3y 9m

AD

With 2 co-offenders, actively involved in recruitment of innocent agents to receive drugs sent from overseas.

Major depressive order.

Alpha
(33)

[2015] NSWCCA 225

Import

 

Sched:

2 offences

684gPGSupply drugs

7y 2m

NPP 4y 3m

AA

(combined discount 50%)

6y

NPP 3y 8m

Communicated with father and other co-offenders regarding import - Utilised coded terminology in conversations via telephone services subscribed with false identification – drugs intercepted by police - wholesale value $207,000 - estimated street value between $489,000-$547,000 – high level seriousness.

Drug abuse