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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

 

Import  Prohibited Drug – Trafficable / Marketable
Amphetamines / Methylamphetamines
Customs Act – All Jurisdictions

Customs Act 1901 (Cth) (repealed 6.12.2005)

Offence:                                                                                                                Penalty:     s.235(2)(d): 25 years

s.233B(1)(a)(iii) - import prohibited drug                                                             

s.233B(1)(a)(iv) - possess prohibited import

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

Trafficable/Marketable Quantity:        2gm

Commercial Quantity:                          750gm

Note

s.16G (CTH) Crimes Act was repealed 16.1.2003 – applies to all sentences imposed after that date

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

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Roeton

[1999] WASCA 1023

Knowingly concerned import

 

Possess LSD with intent to sell

 

Sched

Proceeds of crime offence

208.6g (pure)

PG (12.5%)

 

 

 

VG

 

14y

NPP 7y

 

(3y for LSD cumulative)

 

Total:

17y

Eligible for parole

ADReceived packets of amphetamines from courier – found in possession of .294g LSD (147 times trafficable quantity) sent from England – also found in possession of $73,942.36 – significant organisation component of importation

Bimahendali

(1999) 109 A Crim R 355

NSWCCA

Knowingly concerned importation80.1gPG 

6y

NPP 4y

ADDrugs imported concealed in package of men's clothing – sent from Indonesia by female friend - appellant took delivery of package – a prime mover in offence

Bigic

[2000] NSWCCA 9

 

Co-offender:

MARCHANDO (2003)

Knowingly concerned import

1.96kg (methorphan)

 

293.8g (methylamph)

PG 

9y

NPP 6y

ADDrugs imported by two female couriers accompanied by male co-offender for security – flew from America to Australia to take delivery of drugs – mid-level participant, below principal – mid-level drugs

Harvey

(2000) 113 A Crim R 434

NSWCCA

Attempt possess51.3gVGDrug offences

5y

NPP 2y 33w

ADReceived drugs mailed in package – to hold drugs for person who organised importation – no part in organisation or planning of offence – lowest level

DPP v Haunga

(2001) 127 A Crim R 358

VSCA

 

Co-offender:

O'NEILL

Knowingly concerned import412.9gPG 

3y

Released to recog for 12m after 2y

Crown AA

3y 9m

Released for recog for 2y after 2y 9m

Drugs concealed in parcel sent from overseas – agreed to have parcel addressed to him and pick up parcel for friend - Failure to give promised assistance

Schluenz

(41)

[2001] NSWCCA 314

Attempt possess83.2gVGnil

7y

NPP 4y

AD

Female - Drugs sent to Australia secreted in computer hard drive – delivered to appellant who was to pass it on – 'more than a courier but something less than being the person ultimately responsible for the dissemination of the drug to the community'

Mother to 15y son with no other family

O'Neill

[2001] VSCA 227

 

Co-offender:

HAUNGA

Att possess412.9gVG 

4y 6m

NPP 3y 6m

 Mailed drugs in package from England – parcel picked up by H and controlled delivery made to appellant – important cog in operation – similar criminality to H

Iskandar

(35)

(2001) 126 A Crim R 546

WASCA

 

Co-offender:

MARLAN (2003)

SOEWANDI (2002)

Import982.2gPG (50% plea and assist) 

9y 6m

NPP 5y

AA

7y

NPP 3y 7m

Female Indonesian national – brought drugs secreted in suitcase – had recruited fellow courier – agreed to controlled delivery – to receive financial reward

Assistance – subsequent health issues in custody

W

(42)

(2002) 129 A Crim R 400

NSWCCA

Knowingly concerned import66.332kgPG (50% plea and assist)nil

7y

NPP 5y 3m

AA

7y

NPP 4y 7m

Drugs imported in shipping containers – appellant to remove drugs from containers, cutting through metal struts them repairing metalwork to hide cutting – also to deliver drugs to various places – controlled delivery

High level of assistance to authorities – citizen of Hong Kong with no English

Casey

(32)

[2002] VSCA 117

Knowingly concerned import

 

Attempt possess

679g (estimate)VGIncluded trafficking cannabis

Total:

8y 6m

NPP 6y

ADDrugs mailed from Netherlands and concealed in sports drinks in package – controlled delivery - paid friend to pick up parcel – attempted to extract drugs from liquid in bottle

Soewandi

[2002] WASCA 315

 

Co-offender:

MARLAN (2003)

ISKANDER (2001)

Import1.2kg (83.8% purity)PG (50% plea and assist) 

11y

NPP 5y 6m

AA

6y 3m

NPP 3y 1m

Brought drugs into Australia strapped to body – agreed to controlled delivery

Assistance

Wright

(32)

(2003) 138 A Crim R 390

WASCA

Possess8.332kgPG (not stated)Nil relevant

7y

NPP 3y 6m

Crown AA

9y

NPP 4y 6m

Paid to guard drugs for five weeks

Some assistance

Marchando

[2003] NSWCCA 71

 

Co-offender:

BIGIC (2000)

Knowingly concerned import

1.96kg (methorphan)

 

293.8g (methylamph)

PGnil

10y

NPP 7y

ADUS citizen – arranged and travelled with two female couriers who had drugs strapped to body

MacCormack

(46)

[2003] QCA 280

Import

52.9g

4.2g

(purity not stated)

VGDishonesty offences

4y

NPP 2y

AD

Drugs secreted in toy car mailed from London

Sentence imposed cumulatively to existing State sentence

Marlan

[2003] WASCA 184

 

Co-offenders: ISKANDER (2001)

SOEWANDI (2002)

Attempt poss

 

Possess

1.9245kg

 

79.3g

PG 

14y

NPP 8y

ADDrugs imported by two couriers – controlled delivery – more seriously involved than couriers

Tan

(50)

[2003] WASCA 324

8 x knowingly concerned import

5.46587kg

47.26g

14.7g

1.504g

VG 

20y

NPP 10y

AD

Recruited husband and wife to bring in drugs from Indonesia – drugs taped to body and hidden in luggage - immediate organiser of importation – professional operation

Impact of imprisonment on family

Dujeu

(22)

(2004) 146 A Crim R 121

NSWCCA

Import242.5gPG (20%)nil

7y

NPP 4y 6m

AD

POST 16G REPEAL

Ingested drugs to bring in from Indonesia – probably a courier

Zhang

(46)

(2005) 158 A Crim R 504

NSWCCA

 

Co-offender:

TU (2011)

Attempt importation

 

Possess prohibited import

163kg

 

 

6.13kg

VGNil

20y

NPP 13y 4m

AD

POST 16G REPEAL

Female – attempt to import methylamphetamine (ice) intercepted by Customs – drugs imported through appellant's food business – controlled delivery - possession count related to drugs found at appellant's premises imported on earlier occasion

Nguyen

(2006) 166 A Crim R 124

NSWCCA

Import537.2gVG 

4y

NPP 2y

Crown AA

6y

NPP 3y

POST 16G REPEAL

Female - Returned from Vietnam with towels laced with drugs

Mother to three young children

Situ

[2008] NSWCCA 161

Attempt possess6.128kgVG 

7y

NPP 4y

Conviction AD

POST 16G REPEAL

Drugs mailed in package from China

Tu

[2011] NSWCCA 31

 

Co-offender:

ZHANG (2005)

Attempt possess (Ice)

 

Possess (Ice)

163.149kg

 

 

81.689kg

VGDishonesty offence

25y

NPP 16y 7.5m

AA

20y

NPP 13y 4m

POST 16G REPEAL

(2003) - Drugs imported in shipping container from China – intercepted and controlled delivery – further drugs found in apartment probably imported at earlier date

 

 

 

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