Back to Top
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

 

Back to Sentencing Tables Index

 

Import Prohibited Drug -
Commercial Quantity 
Amphetamines / Methylamphetamines
Customs Act – All Jurisdictions

Customs Act 1901 (Cth) (repealed 6.12.2005)

Offence:                                                                                                      Penalty:

s.233B(1)(a)(iii) - import prohibited drug                                                      s.235(2)(c): life

s.233B(1)(a)(iv) - possess prohibited import                                                 (includes trafficable with prior specified drug offence)

s.233B(1)(a)(vi) - possess reasonably suspected prohibited import

Commercial Quantity          750gm

Note

There was no commercial amount for amphetamines / methylamphetamines or MDA until 9.12.2004

s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to all sentences imposed after that date)

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Mohammadi

(2006) 175 A Crim R 384

QCA

 

Co-offender:

LABANON

Import7.314kgVG 

14y

NPP 7y

ADAccompanied co-offender Maio to receive package from co-offender (L) left aboard warship by Maio several months earlier– a principal involved in making arrangements

Labanon

(39)

[2006] QCA 529

 

 

 

 

Co-Offender:
MOHAMMADI

Import7.314kgVGnil

6y

NPP 3y

Crown AA

8y

NPP 4y

Jury reached special verdict finding he did not knowingly import drugs but recklessly did so - Imported drugs with 2 co offenders - Serving as petty officer on US warship which docked at Townsville – he left ship carrying bag containing drug packages – met with co offender M, his ship supervisor, and gave M the bag receiving in exchange another bag containing money – street value between $3.9M-$10M.

Good character – married with three children.

Finding of recklessness did warrant a lesser sentence than co offenders but nevertheless inadequate.

To (Si Thanh)

(25)

(2007) 172 A Crim R 121

NSWCCA

Aiding, abetting, counselling or procuring importation34.8 kgVGnil

17y

NPP 10y 6m

Crown AA

25y

NPP 15y

POST 16G REPEAL

Drugs found by customs officers in container holding a speedboat and trailer – with co offender tried to secure release of the container from customs – principal role in Australia - Wholesale value $5M.

Puan

(39)

[2009] NSWCCA 194

Import839.2 gVGdishonesty

12y

NPP 8y

AD

POST 16G REPEAL

Drugs found in liquor bottles upon arrival at Sydney airport – wholesale value $230k.

Sentence towards top of range.

 

 

Back to Sentencing Tables Index