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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 – Trafficable / Marketable
Heroin

Cth Commonwealth 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      1.5kg

CaseOffenceAmount (pure)PleaSentenceAppealRecordFacts

Springer

(2007) 177 A Crim R 13

NSWCCA

 

[2009] NSWCCA 144

 

[2014] NSWCCA 52

Import71.8gPG (50% plea and assist on appeal)

6y

NPP (not stated)

AA

4y 6m

NPP 2y 9m

 

Crown AA

4y 6m

NPP 3y 9m

 

Importation from Vietnam – drugs swallowed – SJ erred in assessment of applicant's assistance to authorities.

 

Sentenced increased when failed to give promised assistance

 

2014 proceedings to set commencement date for custodial sentence

Seng

[2007] NSWCCA 335

Import71.7gPG

5y 6m

NPP 3y

AA

5y

NPP 2y 6m

 Importation for principal from Cambodia – courier - drugs concealed internally – parity with co-offender E who had greater role.

Tran

(41)

(2007) 172 A Crim R 436

QCA

Import1.473kgPG

15y

NPP 7y

AA

10y

NPP 5y

NilCourier – drugs secreted in condoms sewn into skin of fish contained in jars in suitcase – flew to Vietnam then Cambodia – to be paid $10,000

Danial

(59)

[2008] NSWCCA 15

Import94.4gPG (15%)

6y

NPP 4y

ADNil

Female - Importation from Vietnam – drugs concealed in underwear – courier.

Suffering from cancer.

Huynh

(2008) 180 A Crim R 517

NSWCCA

Import108gPG

4y

NPP 2y

Crown AA

6y

NPP 4y

 Importation from Vietnam – drugs swallowed – courier – conduct undertaken to reduce gambling debt.

Chea

(30)

 

Choun

(38)

 

Loeung

(25)

 

Oum

(35)

 

 

BS

(37)

 

Srey

(35)

 

Yin

(37)

 

[2008] NSWCCA 78

Import

146.8g

 

 

149.9g

 

 

169.7g

 

 

228.8g

 

 

 

239.2g

 

 

27.1g

 

 

222.8g

PG

4y 5m

NPP 2y 11m

 

5y 6m

NPP 3y 6m

 

4y 5m

NPP 2y 9m

 

5y 6m

NPP 3y

 

 

5y 3m

NPP 2y 9m

 

3y 2m

NPP 2y 2m

 

5y 6m

NPP 3y

Crown AD

 

 

Crown AD

 

 

Crown AD

 

 

AA

5y 3m

NPP 3y

 

Crown AD

 

 

Crown AD

 

 

AA

5y 3m

NPP 3y

 

Cambodian nationals travelled to Australia as a group – swallowed pellets of heroin – couriers – impoverished backgrounds

Chea – male - lost consciousness and required emergency surgery – assistance

Choun - male

Loeung – female – young child fostered in Australia – assistance

Oum – female – assistance

BS – female – young child in foster care – HIV positive – assistance

Srey – male - less deprived background – assistance

Yin – female - assistance

Mokoena

(29)

(2009) 193 A Crim R 351

QCA

Import497.5gPG

9y

NPP 4y 9m

ADNil

South African swallowed pellets – to be paid $10,000 on delivery

Remorse – married with two children – financial difficulties – HIV positive

El-Ghourani

(2009)195 A Crim R 208

NSWCCA

Att possess181.5gPG (15%)

9y

NPP 6y

ADPriors – possess drug

Was to receive drugs sent in timber frames in packages – controlled delivery – more than mere courier

Married with children

TYN

(42)

(2009) 195 A Crim R 345

NSWCCA

Import242.3gPG (58% plea and assist)

6y

NPP 3y 9m

ADMinor

Courier – travelled to Vietnam and swallowed heroin before returning to Sydney

Drug user – provided assistance – remorse – reasonable prospects of rehabilitation

Todoroski

[2010] NSWCCA 75

Att possess825.7gPG

6y 6m

NPP 3y 9m

Crown AD Package sent from Bangkok to fictitious person containing drug hidden in glue sticks – arranged for sister to accept delivery – controlled delivery unsuccessful because late – admitted paid to arrange and take delivery of package – culpability in upper end of mid-range

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

Jailani

(40)

[2010] VSCA 276

3 x Import

189g Heroin

 

143.1g Morphine

 

194.9g Monoacetylmorphine

VG

6y

NPP 4y

AA

5y

NPP 3y

nil

Malaysian female - Arrived in Melbourne with drugs secreted in suitcase – courier

Isolation in custody

Tsen

(38)

[2010] WASCA 21

Import667.2gVG

11y

NPP 6y 6m

ADnilFemale Taiwanese national – brought in drugs from Malaysia secreted in suitcase – working on behalf of person met through the internet – to receive $10,000 – reckless as to possibility of drugs – no knowledge of quantity of drugs

Adenopo

[2011] VSCA 269

Import127gPG3y 6m

AA

3y 6m

NPP 2y 4m

 

Nigerian – importing drugs from China having swallowed pellets

Erroneously failed to set NPP because of likelihood of deportation

Youssef

(41)

[2011] NSWCCA 104

Import573.6gPG (30% plea and assist)

7y 8m

NPP 4y 8m

ADnil

Agreed to import heroin from Thailand to repay money borrowed to bring daughter to Australia from Iran

Born in Iraq – assistance to authorities

Govindaraju

(30)

[2011] NSWCCA 255

Import372.4gPG

9y

NPP 5y 4m 24d

AA

8y

NPP 4y 3m

Limited record in Malaysia and SingaporeMalaysian national – swallowed drugs in India – unsophisticated - courier

Harper

(25)

[2011] VSCA 314

Import126.5gPG (20% on appeal)

5y

NPP 3y

AA

4y

NPP 2y 6m

 

Female – imported drugs concealed in vagina and rectum

Deprived and difficult background – isolation in custody

Seah

(37)

[2011] NSWCCA 269

Import423.6gPG (significant discount)

8y

NPP 5y

ADRecord in Singapore

Arrived from Malaysia with drugs in shoes – courier

History of drug abuse – financial difficulties

Bui

(2011) 32 VR 146

VSCA

 

(2012) 244 CLR 638

HCA

Import197.3gPG (33.3% on appeal)3y – released to recog

Crown AA

4y

NPP 2y

 

Appeal to High Court dismissed

 

Female – brought drugs into country concealed internally – financial reward to pay off debts

Hardship to newborn twins - assistance

O P Q

(45)

(2012) 221 A Crim R 424

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

Kuti

(70)

[2012] NSWCCA 43

Import

452.6g

(56.8%pure)

PG (25%)

7y 6m

NPP 4y 6m

ADnil

Nigerian – drugs concealed internally.

From village – poor financial circumstances.

Younan

(47)

[2012] NSWCCA 155

2 x Import

537g

 

642g

VG

Total

7y 5m

NPP 4y 6m

AD 

At request of co-offender S, travelled to Thailand and returned to Australia with heroin hidden in shoes (role of courier) – on second occasion, assisted H to import drugs and received $10k for his assistance – disclosures to police regarding himself and co-offenders – however insisted he thought he was importing diamonds – no scope for finding remorse.

Sentence at very bottom of range.

Offences committed for gambling addiction

Discount for assistance.

Nguyen

(49)

[2012] NSWCCA 184

Import274.7gPG (40% plea and assist)

7y

NPP 4y

ADpossession and use heroin; trafficking in heroin;  burglary; theft, larceny, possession of ammunition without licence, stalking or intimidating, common assault, obtain money by deception.

Courier - arrived from Cambodia – had swallowed pellets – paid about $40k – street value between $310k-$530k

Mental illness – drug abuse – traumatic background.

Nguyen

[2012] VSCA 297

Consp to import

 

Att possess

 

474.3gPG

5y

 

3y

 

Total:

7y

NPP 5y

ADnil

Principal beneficiary – no further facts

Good prospects of rehabilitation – stress of deportation

 

Appeal court dealt with four additional offences incorrectly dealt with as summary offences on sentence – offences transferred to Magistrates Court

Isaac

[2012] NSWCCA 195

3 x aid and abet import

537.3g

 

642.1g

 

Similar amount

PG

Ct 1 - 30%

Ct 2 - 30%

Ct 3 - 40% (plea and assist on appeal)

11y 8m

NPP 8y 6m

AA

9y 10m

NPP 7y 5m

 

Principal organiser – all drugs imported in shoes of couriers – arranged couriers – travelled to Vietnam to have shoes filled with drugs

Gave evidence against couriers

DPP v Johie

[2013] VSCA 308

Import567.9gPG (17% on appeal)

4y

NPP 2y

Crown AA

5y

NPP 3y

 

Female – brought in drugs concealed in bed sheets and support of backpack

Failure to give promised assistance

Vu

(57)

 

[2014] VSCA 291

Import116.8g HeroinPG (33%)

5y 8m

NPP 3y 8m

ADDrug offences

Vietnamese - female – carried drugs in from overseas – courier - difficult background leading to drug use

 

(five judge bench to consider consequences of crown providing sentencing range)

Chime

(36)

[2014] NSWCCA 304

9 x aid and abet import

42.3g Heroin

174g Heroin

>2g Heroin

332.1g Heroin

 

64.7g Cocaine

116.7g Cocaine

159g Cocaine

 

158.6g Meth

 

106g Other

VG

12y

NPP 7y

AD

(minor change made to sentence on one count to correct slip)

Nil

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

Thai

[2014] NSWCCA 122

Conspiracy to import

 

Traffick

1251.97g

 

343g

PG (25%)

7y

 

Total:

9y

NPP 5y

Crown ADNil

Female – assisted de facto partner when she became aware of his involvement in importing – nine importations involving nine couriers concealing drugs in bodies – assisted with some organisation especially with finances and storage of drugs – on some occasions acted independently

Genuine remorse – delay – sentence inadequate but parity issue

Eriyo

(35)

[2015] NSWCCA 16

Att possess

 

Possess

130.1g

 

118.7g

PG (25%)

6y 10m

NPP 4y 10m

AA only insofar as commencement dates.

6y 10m

NPP 4y 10m

Nil

Consignment from overseas delivered to A's address – drugs hidden in sandals – police officers attended A's residence whilst being delivered – search of A's premises found shoe containing further drugs.

Role of trusted middleman in an organised distribution chain.

Nigerian background – represented Nigeria in Cth Games in Australia and acquired refugee status – financial motivation

Dang

(35)

 

Tran

 

[2015] NSWCCA 163

Att possess822.3g

VG

 

 

VG

7y 10m

NPP 5y 2m

 

10y

NPP 6y 6m

AD

 

 

AD

Nil relevant

Acted in concert with others to import heroin in tennis bats from Hong Kong – controlled delivery – present to take possession of drugs after delivered to co-offender

T – more than courier – essential link in sophisticated international enterprise

D – sub-ordinate role – Vietnamese – care of elderly mother

Huynh

[2015] NSWCCA 167

Import

 

Sched:

Import pseudo

197g

 

423.9g

PG

7y

NPP 4y

ADPrior conviction for drug importation – released from custody 12 months prior to offence

Female courier – agreed to bring in drugs from Vietnam for money – not aware of precise nature of quantity of drugs – pseudoephedrine found in bags – heroin concealed in pellets inserted in groin area

Mother to three children – mother ill in Vietnam – husband unable to obtain visa – 5% discount for minor assistance

 

 

 

 

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