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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.

 

 

Import Prohibited Drug - Commercial Quantity

Cannabis

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Customs Act 1901 (Cth) (repealed 6.12.2005)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

Cannabis              100kg

Cannabis resin     50kg

Note s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to sentences imposed after that date)

 

CaseOffenceAmountDrugPleaRecordResultAppealFacts

Zeccola

(42)

(1983) 11 A Crim R 192

VSCA

2 x Knowingly concerned in import

 

Possess prohibited import

150kg & 210kg

 

 

 

12.9kg

resinPGNil

16y

NPP 14y

 

AA

13y

NPP 11y

Drugs imported by ship from Italy. Active role undertaken by appellant.

Good rehabilitation prospects, good character, unlikely to re-offend

Lambert

 

 

Paunovic

 

(1990) 51 A Crim R 160

WACCA

Conspiracy to import

 

Conspiracy to import

997kg

(value $8m)

resin

PG

 

 

PG

Nil

 

 

possess cannabis, narcotics

7y 9m

NPP 4y 6m

 

10y 9m

AD

 

 

Crown AA

16y

NPP 12y

Drugs brought from Thailand to WA.

P manager and director of enterprise - travelled from Australia to Asia to arrange contacts.

L played lesser role; involved to rid himself of debt owed to P.

Salisbury

(1994) 76 A Crim R 565

WACCA

Import3 tonnesresinPGDrug offences, dishonesty.

16y 2m

NPP 8y 9m

AA

13y 2m

NPP 7y 3m

With others imported drugs into Australia.

Co-offender Pinkstone: received 7y 4m NPP 4y (PG; assistance to authorities).

Scouller

(47)

 

Thompson

(39)

 

Wiseman

(52)

 

(1995) 76 A Crim 476

QCA

Knowingly concern import1.23 tonnessativa

VG

 

 

PG

 

 

PG

Nil

 

 

 

 

 

Nil

15y

NPP 8y

 

7y

NPP 1y 6m

 

13y

NPP 6y

AD

 

 

AD

 

 

AD

Drugs brought from Thailand to reef off coast where vessel sank – drugs recovered from sunk vessel – S and W heavily involved in managing operation – T involvement for two days in diving for drugs

W – health problems and two dependent children – slightly less significant role than S

T – Dutch citizen

Gudgeon

(55)

(1995) 83 A Crim R 228

QCA

Conspire to import192kgCannVGPrior drug offence – offence committed on parole

15y

NPP 7y 6m

ADCannabis imported from Thailand – began conspiracy while still in gaol

Saxon

(1996) 86 A Crim R 353

NSWSC

 

NSWCCA

31.10.1997

Import

 

3 x Supply lge comm. qty resin

 

Money laundering

 

2 x Possess traff qty resin

 

3 x Proceeds of crime

10 tonnesresinPG 

Import:

14y

 

Total:

24y

NPP 16y

ADPurchased and arranged for importation of resin by ship – picked up by smaller boat and transferred to land by appellant – sold 25kg, 20kg and 60kg to co-offender over several months – sole 9964kg to wholesale distributors over 10mths – millions of dollars transferred overseas – on arrest found in possession of 2kg and 4 kg cannabis, money, gold and diamonds

Dumbrell

NSWCCA

9.5.1997

Conspiracy to import5 tonnes (street value $75 million)resinPG 

13y

NPP 9y

 

 

AD

Principal of organising syndicate.  Made arrangements with overseas syndicate for supply.

Co-offender Spink received 9y / NPP 6y 5m (PG; assistance to authorities)

May

(44)

 

Fowles

 

 

Eaton

(36)

 

Brown

(50)

 

24.7.1998

QCA

 

Co-offender:
ASHTON

STAGOLL

JACKSON

Knowingly concerned import8 tonnesresinPG

Record

 

 

 

 

 

Minor record

 

 

Nil

10y

NPP 5y

 

9y

NPP 4y

 

8y

NPP 3y 6m

 

10y

NPP 5y

AD

 

 

AD

 

 

AD

 

 

AA

8y 6m

NPP 4y

 

Drugs brought in by boat

M – second rank involvement – arranged for pick up of drugs and storage

F – assisted in equipping and repairing boat – monitoring rendezvous with boat

E – crewman on boat

B – management position similar to May but for much less time

Jackson

(40)

9.2.1999

QCA

 

Co-offenders:

MAY

FOWLES

EATON

BROWN

ASHTON

STAGOLL

Knowingly concerned import8 tonnesCannVGNil

10y

NPP 5y

ADDrugs brought in by boat – involved in variety of tasks over two months

Ashton

(40)

(1999) 108 A Crim R 200

(QCA)

 

Co-offenders:

MAY

FOWLES

EATON

BROWN

STAGOLL

JACKSON

Knowingly concerned in import8 tonnesResinVGnil

9y

NPP 4y 6m

ADInvolved in importation of drugs by boat

Stagoll

28.4.1999

QCA

 

Co-offenders:

MAY

FOWLES

EATON

BROWN

ASHTON

JACKSON

Knowingly concerned import8 tonnesresinPGNil

8y

NPP 4y

ADDrugs brought in by boat - Part of group dealing with drugs after unloaded from boat

Pimental

(1999) 110 A Crim R 30

NSWCCA

Knowingly concerned10 tonnesResinVGThree prior drug convictions in Germany

6y

NPP 3y 9m

Crown ADPart of crew on boat that attempted to import drugs from Amsterdam into Australia – willing participant once became aware of drugs during journey

YZ

[1999] NSWCCA 263

Conspiracy import  PGnot stated

9y

NPP 6y 6m

Crown AA

10y

NPP 7y 6m

Facts not outlined in case.

Failure to give promised assistance.

Causevic

(50)

[2000] QCA 432

Conspire import2-5 tonnesCannVGNil relevant

9y

NPP 4y 6m

ADLieutenant to principal – planning to import drugs through South Australian coast – plan abandoned when aware of surveillance – financial gain only

Laloum

(40)

[2000] NSWCCA 248

Knowingly concerned importation624kgCannVG 

9y

NPP 4y 6m

ADDrugs imported in furniture – sophisticated operation – direct and detailed involvement

Franco

 

 

 

Crnac

 

 

 

Pratico

 

 

 

Cetrangolo

 

 

 

Ciampoli

 

(2006) 168 A Crim R 322

VSCA

PossessAlmost 3 tonnesResinVG

Weapon offence

 

Minor offences

9y

NPP 6y

 

 

7y 6m

NPP 5y

 

 

7y 6m

NPP 5y

 

 

7y 6m

NPP 5y

 

 

7y 6m

NPP 5y

AA

7y

NPP 4y

 

5y 6m

NPP 3y

 

 

5y 6m

NPP 3y

 

 

5y 6m

NPP 3y

 

 

5y 6m

NPP 3y

Drugs imported from middle east – concealed in false bottoms in containers carrying marble tiles – all five appellants involved in unloading drugs – involvement at lowest level – Franco slightly more culpable