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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
Heroin

Cth Criminal 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 - 1.5kg

CaseOffenceAmount (pure)PleaRecordSentenceAppealFacts
Basri

(39)

 

Madubuko

(44)

 

Okonkwo

(45)

 

[2009] NSWDC 398

Nicholson SC DCJ

 

Madubuko

[2011] NSWCCA 135

Import

 

 

Attempt possess

 

 

Attempt possess

1.88kg

VG

 

 

VG

 

 

VG

Nil

 

 

Nil

 

 

Nil

5y 3m

NPP 3y 3m

 

6y 6m

NPP 4y 2m

 

6y 6m

NPP 4y 2m

 

 

 

 

 

 

 

 

 

 

 

 

 

Conviction only-

AD

B (female) recruited in Malaysia to import drugs from India in suitcase – controlled delivery made to co-offenders M and O

B – courier shepherding drugs from India – to report progress and any problems

M and O – first point of distribution in Sydney – charged with taking drugs to distributors in Bankstown – lesser criminality than B

B – difficult childhood and marriage marked by violence – assistance – good prospects of rehabilitation

M – Nigerian – positive prospects of rehabilitation

O – Nigerian – good prospects of rehabilitation

Ng

(49)

[2010] NSWCCA 232

​Import2.445kg​PGLengthy record in Singapore11y 3m

NPP 7y 3m

​ADCitizen of Hong King – heroin concealed in toiletries and food items – courier – clearing gambling debt

Disadvantaged background – isolation in custody

Zhang

[2011] NSWCCA 233

​Import

1527.6g Heroin

108.6g Meth

​PGOffence committed 18m after release to parole for imp 3.3kg heroin14y

NPP 9y

​ADArranged for drugs to be imported from China to post box in Australia – voluntarily disclosed import of M after caught with heroin

A.Tran

(20)

 

P.Tran

(20)

 

Nguyen

(20)

 

[2013] NSWCCA 136

Attempt possess

 

 

Import

 

 

Import

6.25kg

PG

(25%)

Nil

4y 6m

NPP 2y 9m

 

7y 6m

NPP 4y 6m

 

9y

NPP 5y 6m

Crown AD

Drugs imported into Australia concealed in boxes marked statues, vase and bathroom accessories – N paid to arrange delivery – drugs delivered to P.Tran's house – all involved in unpacking – all motivated by financial gain

Nguyen – major role – remorse – drug addiction – good prospects of rehabilitation

P.Tran – lesser but still significant role – cocaine user – lacked knowledge about nature and amount of drug – good prospects of rehabilitation

A.Tran – remorse – good character – cocaine dependent – good prospects of rehabilitation

Lau

(34)

[2014] NSWCCA 179

Attempt Possess102kgVGFraud offence in Hong Kong

11y

NPP 4y

AA

9y

NPP 6y

Agreed to do a job involving illegality after arriving from Hong Kong – small financial reward promised – continued involvement after becoming aware of drugs – unpacked and delivered drugs hidden in shipment of timber doors – controlled delivery

Intellectual disability - parity

Lay

(61)

[2014] NSWCCA 310

Att possess4.8kg

PG

(24%)

Attempt possess imported heroin

13y

NPP 8y 6m

ADLarge quantities of heroin and methamphetamines imported in homewares containers – controlled delivery – appellant took delivery of 20kg of substituted drug – involved for several days prior to taking delivery of drugs – significant role - intended to sell drugs at Casino to discharge gambling debt

Lam

(23)

[2015] NSWCCA 143

Import2.8959kgPGPossess drug

11y

NPP 7y

AD

Key intermediary in international drug syndicate  - 3 consignments linked to A - trained other people in Australia to carry out the same role - surveillance recorded A discussing weight of drugs imported or to be imported - ongoing course of planning and activity extending over at least three months

From Hong Kong – came to Australia for purpose of offence – premeditated planned offence

Illicit drug use - Reasonable rehabilitation prospects.

 

 

 

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