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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 

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Englisch

[2009] VSCA 71

Import555.48gPGPrior drug offence

7y 6m

NPP 5y

​ ADPills imported in hard cover books ​

Zeng

[2008] NSWCCA 183

 

 

 

Co-offenders:

CHEUN

Attempt possess74kg​VGNil

10y

NPP 6y

Crown AA

To correct commencement date – same effective sentence imposed

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

Rosenfeld

[2009] NSWCCA 74

Import90kg​VG 

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

Attempt possess

257,000 tablets

 

(74kg pure – see Zeng above))

​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 – discount for assistance

 

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

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 and further $40,000

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

Ljuboja

(60)

[2011] WASCA 143

Import

 

Conspiracy to traffic

60kg imported

 

35.2kgs seized

PG

 

Dishonesty offences and appalling driving record

25y

NPP 16y

​ ADRole 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

 

3 money offences

5.219kg​PG (16.5%) 

10y 10m

NPP 6y 6m

​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 import30.82kg​VGNil relevant

17y

NPP 11y

​ AD​Drugs 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

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 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

 

Attempt possess

55kg mixture of cocaine, ecstasy and methamphet​PGnil

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

Alpha

[2013] NSWCCA 292

 

 

 

Co-offender:

McCRAW

Conspiracy to import

 

4 x other offences (firearms)

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 the 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)

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

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

Burling

(37)

 

Gill

(42)

 

[2015] QCA 51

 

Co-offender:

DEHGHANI

Import

 

 

Import

5.2193kg

VG

 

 

VG

Nil

 

 

Nil

12y

NPP 7y 3m

 

9y

NPP 5y 6m

​ ADFemales - 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

Possess

 

Attempt possess

103 kg Cocaine

 

7.6kg Ecstasy

 

1.085kg Meth

​VGNil relevant

27y

NPP 18y

​ AD​Drugs 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

 

 

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