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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
Ecstasy

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 - 500gm 

Case
(age if known)

OffenceAmount (pure)PleaResultAppealRecordFacts

Englisch

[2009] VSCA 71

Import comm555.48gPG

7y 6m

NPP 5y

ADPrior drug offencePills imported in hard cover books

Zeng

[2008] NSWCCA 183

 

 

 

Co-offenders:

CHEUN

TSANG

Attempt possess comm74kgVG

10y

NPP 6y

Crown AA

To correct starting date – same effective sentence imposed

NilDrugs detected by custom officers in boxes – 1.29 million tablets – street value between $38-$77 million – police substituted harmless tablets - boxes collected by co offenders and stored at offender's residence – offender and co-offenders commenced process of extracting drugs from packages when arrested – offender only aware of drugs once extraction process had started.

Rosenfeld

[2009] NSWCCA 74

Import comm90kgVG

21y

NPP 13y

Conviction AD Drugs imported concealed in solar hot water tanks – collected tanks in Israel and delivered them for importation – controlled delivery - arranged for delivery of goods to storage unit and attempted to extract drugs

Cheun

[2009] NSWCCA 116

 

[2011] NSWCCA 5

 

 

 

Co-offenders:

ZENG

TSANG

Attempt possess comm

257,000 tablets

 

(74kg pure – see Zeng)

PG

(30% plea and assist)

17y 6m

NPP 11y

AD

 

 

 

Crown AD

(appeal against failure to give promised assistance)

 

Tablets concealed in ink/toner cartridges – middle manager – arranged for drugs to be picked up from storage and transported to new storage - originally discount for assistance

 

Subsequent failure to give promised assistance deemed reasonable in circumstances of case

Tsang

[2011] VSCA 336

Import comm

 

 

Att traffic comm

74.1kgVG

Life
NPP 27y

 

 

Life
NPP 27y

AA

28y

 

24y

 

Total
19y
NPP 19y

Nil

Involved in importing drugs hidden in ink containers – arranged customs clearance and transport of drugs to Sydney for storage – controlled delivery - very serious offence – principal player towards top of hierarchy – significant role in offences over 6 weeks in Australia

Hardship as foreigner in custody - parity

Nguyen

(34)

 

 

 

 

 

 

 

 

Phommalysack

(25)

 

[2011] VSCA 32

 

Co-offenders:

NGUYEN (2012)

LUONG (2103)

NGUYEN (2013)

Att import comm

 

Att possess comm

 

 

 

 

 

 

Att possess comm

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

Ljuboja

(60)

[2011] WASCA 143

Import comm

 

 

Conspiracy to traffic comm

60kg imported

 

35.2kgs seized

PG

 

25y

NPP 16y

 

25y

NPP 16

(concurrent)

ADDishonesty offences and appalling driving recordRole was to oversee importation, arrange for manufacture of drug into tablets, sell tablets and remit money to principals in Europe - existing associate of European drug traffickers - drugs did not belong to him - Australian agent and senior man in Australia - powder could have made at least 350,000 ecstasy tablets

Dehghani

[2011] QCA 159

 

Co-offenders:

BURLING

GILL

Import comm

 

3 money offences

5.219kgPG

(16.5%)

10y 10m

NPP 6y 6m

 

FT 2y

(concurrent)

Crown AA

14y

NPP 7y 9m

 

Travelled to UK with de facto partner B to purchase, package and send drugs in boxes marked toys – packages sent to G

27.78% for assistance - Failure to give promised assistance

McCraw

[2011] NSWCCA 162

 

 

Co-offender:

ALPHA

Conspiracy to import comm30.82kg​VG

17y

NPP 11y

ADNil relevantDrugs imported into Australia on ship from Belgium – used position as dock worker to access and unload drugs from ship – significant and crucial role

Pham

 

 

 

 

 

 

 

 

 

 

 

 

Tang

 

[2012] VSCA 101

Attempt possess comm

 

Attempt possess comm cocaine

 

Attempt possess comm meth

 

 

 

Import comm

 

Import comm cocaine

 

Import comm meth

9.757kg

 

 

71.564kg

 

 

 

29.285kg

 

 

 

 

 

9.757kg

 

71.564kg

 

 

29.285kg

​VG

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

15y

 

 

15y

 

 

 

15y

 

Total:
19y
NPP 14y

 

 

15y

 

15y

 

 

15y

 

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 operation

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 comm

 

Attempt possess comm

55kg

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

Alpha

[2013] NSWCCA 292

 

 

 

Co-offender:

McCRAW

Conspiracy to import comm

 

4 x firearms offences

30.82kg​VG

15y 6m

NPP 10y 4m

AD Drugs imported into Australia on ship from Belgium – sophisticated international scheme involving many persons in many countries and drugs of a significant quantity and value - required much careful planning and financial outlay – not a major player but at the top of the hierarchy of known criminal co-conspirators - important, key, high level organisational person.

Luong (Hung)

(53)

 

 

 

 

 

 

 

 

 

 

Nguyen (Minh)

 

[2013] VSCA 296

 

 

 

 

Co-offenders:

PHUONG (2011)

PHOMMALYSACK

NGUYEN (2012)

Att possess comm

 

Att possess comm cocaine

 

Att possess comm meth

 

 

 

 

Att possess comm

 

Att possess comm cocaine

 

Att possess comm meth

6.3kg

 

 

29.1kg

 

 

21.8kg

 

 

 

 

 

6.3kg

 

 

29.1kg

 

 

21.8kg

​VG

10y

 

 

10y

 

 

10y

 

Total:
15y
NPP 11y

 

 

3y

 

 

3y

 

 

3y

 

Total:

3y

NPP 514d

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 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

RCW (No.2)

(54)

[2014] NSWCCA 190

Aid and abet import comm

2.25kg Ecstasy

 

3.96kg Cocaine

 

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

Nerbas

(27)

[2014] QCA 259

 

Co-offender:

HANDLEN

Possess comm

 

Attempt possess comm

No amount stated​PG

15y

NPP 10y

 

15y

NPP 10y

(concurrent)

ADNil

Cocaine, ecstasy and methamphetamines 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

Douglas

(27)

[2014] QCA 104

Att possess comm545g​VG

9y 6m

NPP 6y

ADTraffic amphet – other minor offences

Booked hotel room and supplied room number for delivery of parcel – rest of role unclear – low level courier

Made significant admissions at trial – drug addiction at time of offending

Burling

(37)

 

Gill

(42)

 

[2015] QCA 51

 

Co-offender:

DEHGHANI

Import

 

 

Import

5.2193kg

​VG

 

 

 

VG

12y

NPP 7y 3m

 

9y

NPP 5y 6m

AD

Nil

 

 

Nil

Females - B and her husband packaged drugs in London into toys and sent them to G – G to receive $20-30,000 – controlled delivery

B carer for three young children

G – carer for disabled grandchild

Handlen

(39 at offence – 47 at sentence)

[2015] QCA 292

 

Co-offender:

NERBAS

Possess

 

Attempt possess

103 kg 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

 

 

 

 

 

 

 

Supply lge comm qty meth

 

Possess prohibited weapon

 

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

Last updated: 11/9/2017

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