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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

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Customs Act 1901 (Cth) (repealed 6.12.2005)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 - 1.5kg

s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to all sentences imposed after that date)

Case
(age if known)
OffenceAmount: PurePleaRecordResultAppealFacts

Ng

(34)

NSWCCA

25.7.1991

 

Co-accused:

CHAN & Ors (1995)

CHEUNG (1999)

Knowingly concerned in import38kgPGHong Kong record - rape, kidnapping, burglary, drugs

12y

No NPP fixed.

AA

12y

NPP 9y

Assistance to authorities.  "Link man" between Hong Kong based sellers and Australian buyers.  Involved in handling of heroin in Hong Kong & arrangements for transport of heroin into Australia.

Substantial assistance to authorities.

Postiglione

(1991) 24 NSWLR 584

NSWCCA

Knowingly involved in import

5.56kg

(56% pure)

PGOverseas record traffickingLife

AA

12y

NPP 9y

With three co-offenders imported heroin from Pakistan.  Entrepreneurial and integral to importation.

Chai

(1992) 60 A Crim R 305

NSWCCA

Conspiracy import27kgVGminor involvement in illegal gambling

24y

NPP 16y

AD"High level principal in international heroin dealing on a vast commercial scale".

Lentze

NSWCCA

17.7.1992

Import4,289gPGpoor previous record - associate of criminal element in Holland

MT 6y

AT 2y

AA

7y

NPP 5y

(Parity issue with offender who picked up heroin).

Total heroin carried in two bags by A and female companion.  Pressured into offence to pay off gambling debt.

High order assistance to police.

Kolalich

(32)

 

Begovic

(53)

 

NSWCCA

16.10.1992

Conspiracy import2.18kgVGsignificant records.

13y

NPP 10y

AD

Principals.  Financed venture, obtained heroin from Thailand and recruited.  Motivated by greed.

Mitigating factors not significant.

Dellapatrona

(48)

 

Duffield

(50)

 

(1993) 31 NSWLR 123

NSWCCA

Conspiracy to import3kgVGnil

13y 6m

NPP 10y

(assistance)

AA

9y

NPP 6y 8m

No heroin imported.  Principals and heavily involved in offence.  Considerable amount of planning, administration and activity over three months.

Banthithadawit

(22)

NSWCCA

8.4.1994

Import2.128kgPGnil

12y

NPP 8y

AD

Flew to Australia with heroin in suitcase.  Courier.  Small discount for questionable assistance.

Influenced by financial considerations.

Tan

(1995) 78 A Crim R 300

VSC

Knowingly concern import12.57kgPG 

Life

NPP 12y

25y

NPP 12y

Drugs imported concealed in heat strapping machines – not principal but actively involved

Assistance

Krasnov

(1995) 82 A Crim R 92

VCA

Import

 

Import trafficable cannabis resin

4.1978kg

 

165.4g

 

PG 

16y

NPP 14y

(5y concurrent)

AA

16y

NPP 11y

Police intercepted Russian sailor carrying heroin and resin – controlled delivery of small portion of heroin and resin to S who subsequently met up with K - K arranged for drugs to be imported from Russia

Co-offender SHLAKHT dealt with for possess trafficable qty heroin and resin

Che Yook

(36)

(1995) 84 A Crim R 432

NSWCCA

Import51.4kgPG 

26y

NPP 20y

AA

24y

NPP 18y

High level involvement.  Used his company premises in Australia and Malaysia to facilitate importation.  Handled heroin in Malaysia & supervised unloading in Australia.

Chan

(34)

 

 

Cheung

(31)

 

 

Tsui

(43)

 

 

 

Law

(41)

 

 

 

Chi

(34)

 

NSWCCA

13.4.1995

 

Co-accused:
CHEUNG (1999)

NG (1991)

Knowingly concerned in import

Supply

 

Knowingly concerned in import

 

Knowingly concerned in import

Supply

 

 

Knowingly concerned in import

Supply

 

Knowingly concerned in import

Supply

38kgVG

one conviction

 

 

 

 

 

 

 

 

 

 

 

 

 

 

minor drug

 

 

 

 

one conviction

24y

NPP 18y

(concurrent sentence)

 

28y

NPP 20y

 

 

28y

NPP 20y

(concurrent sentence)

 

 

28y

NPP 20y

(concurrent sentence)

 

24y

NPP 18y

(concurrent sentence)

AA

20y

NPP 16y

 

 

24y

NPP 18y

 

 

24y

NPP 18y

 

 

 

 

24y

NPP 18y

 

 

 

19y

NPP 15y

Shipment from Hong Kong.

Cheung: financed enterprise, active in Hong Kong, monitored importation into Australia.

Ah Ting: link in Sydney, liaised to facilitate delivery.

Law Yat: active in Hong Kong, facilitated delivery in Sydney.

Chan and Chi:  took delivery in Sydney

 

CHI - suffering cancer with unknown life expectancy

Wangsaimas

 

 

 

 

Vanit

 

 

Tansakun

 

(1995) 82 A Crim R 530

NTSC

 

(1996) 87 A Crim R 149

NTCCA

 

(1997) 190 CLR 378

HCA

Import89.1kgPGnilLife

AA

Life

NPP 22y

(assistance)

 

Life

NPP 25y

 

Life

NPP 25y

 

High Court AD

Drug brought in by boat captained by W and crewed by V and T. Not simply couriers but were aware of the importation and had connections high up in the drug chain.

Hollins

(49)

NSWCCA

31.5.1996

Import3.4kgPGnil

7y 2m

NPP 4y 9m

AA

(parity)

6y 6m

NPP 4y

Courier arrested at airport.  Co-operated with police and gave evidence against co-offender.

Creditable military record.

Kelleher

(1996) 89 A Crim R 215

NSWCCA

Conspiracy to import22 pounds / 10 kgVGRecord.

Life

NPP 16y

ADRecruited courier to bring heroin from Hong Kong to Australia.  7.3kg entered community.  Criminality at highest level.  Motivated by financial gain.  Lack of contrition.

Ong

 

 

Chau

 

NSWCCA

20.12.1996

Attempt possess

 

 

Attempt possess

1.597kg

PG

 

 

PG

 

12y

NPP 8y

 

12y

NPP 8y

ADMore than couriers - seriously involved in attempted distribution.  Drugs imported in crates.

Dang

(24)

4.6.1996

VSCA

 

Co-offender:
TANG (1997)
DANG (1997)
QUACH (1997)

Import5.281kgPGBreached parole for importation offence

14y

NPP 12y

AA
14y

NPP 10y

Drugs imported from Thailand secreted in lamp bases – controlled delivery to home of appellant and brother – removed 'drugs' from base and discussed $20,000 fee expected for minding drugs – delivered sample of drugs to Q

Postiglione

(1997) 98 A Crim R 134

NSWCCA

Conspiracy import heroin

 

Conspiracy import cocaine

20kg

 

unknown

PGImportation – offence committed while in custody

18y

NPP 14y

(partially concurrent with existing sentence)

AA

14y

NPP 10y 6m

(partially concurrent with existing sentence)

Conspired with cell mate Savaas to import heroin from Thailand and cocaine from South America – sought assistance of friend to purchase cocaine and collect it in Australia – no drugs obtained

Appeal allowed only on question of parity

Tang

 

 

 

Dang

 

 

 

 

 

 

 

Quach

(37)

 

(1997) 96 A Crim R 550

VSCA

 

Co-offender:
DANG (1996)

Knowingly concerned import

 

Attempt poss

 

Possess trafficable

2 x Assault police

 

 

Attempt poss

 

Possess trafficable

5.281kg

VG

 

 

 

PG

 

 

 

 

 

 

 

PG

Record

 

 

 

Nil relevant

 

 

 

 

 

 

 

Nil

15y

NPP 12y

 

 

8y

NPP 6y

 

 

 

 

 

 

12y

NPP 9y

No sentence appeal

 

 

AA

6y

NPP 3y 6m

 

 

 

 

 

AD

Drugs imported from Thailand secreted in lamp bases – controlled delivery - packages delivered to co-offender (brother of D) who retrieved heroin with assistance of Dang – part of the 'heroin' delivered to Q – T involved in arranging importation of drugs

D – limited role - involved for a few days only as labourer – unfortunate background – limited intelligence – remorse - addiction

Q – involved for several months as liaison officer

Cheung

(31)

(1997) 97 A Crim R 283

WASCA

 

Co-offender:

LAU (2009)

Knowingly concerned import

 

Possess

32.41kg

VG

 

 

 

PG

nil

22y 6m

NPP 13y

ADDrugs brought out to Australia on board ship – appellant helped deliver drugs to seamen in China - Drugs unloaded from ship in Australia and appellant took them to motel room – over several days delivered heroin to two people – worked with co-offender L

Duong

(31)

(1997) 99 A Crim R 218

VSCA

Att possess12.7kg PGnil

14y 6m

NPP 10y 6m

AA

14y

NPP 10y

Drugs imported into Australia via ship hidden in terracotta pots – assisted in picking up the pots from customs and retrieving heroin – paid to bring drugs to Sydney – recruited co-accused to assist

Su

(37)

 

Katsumo

(44)

 

Katsumo

(39)

 

Asami

(59)

 

Honda

(39)

 

[1997] 1 VR 1

Import8.5kgVG

Nil

 

 

Nil

 

 

Nil

 

 

Old dishonesty offences

 

Nil

20y

NPP 14y

 

15y

NPP 10y 6m

 

15y

NPP 10y 6m

 

15y

NPP 10y 6m

 

15y

NPP 10y 6m

AD

 

 

AD

 

 

AD

 

 

AD

 

 

AD

Drugs imported from Malaysia concealed in suitcases carried by couriers

S – Chinese Malaysian - overseer of importation – more culpable than couriers

K, K, A and H – Japanese nationals – couriers – isolation in custody

H – female

McCauley

NSWCCA

17.12.1997

Possess9.7kg

PG

(SI)

 

14y

NPP 9y

ADIntermediary on behalf of another person.  Played important role in distribution.  Without assistance would have received 17y NPP 11y.

Kingwell

NSWCCA

2.9.1998

Attempt possess2.0958kgVG 

Life

NPP 15y 4m

Conviction ADSome involvement in arranging heroin to be sent to private mailbox.  Controlled delivery to A by co-offender.

Nguyen

NSWCCA

23.9.1998

Knowingly concerned in importVGnil

9y

NPP 5y

AA

7y 6m

NPP 3y 9m

Drugs imported through large vases.  Drove co-accused to airport, collected crates, paid charges and drove crates and co-accused to his house.  Dealt with as courier.  Not aware of amount or details.

Hardships in Vietnam.

Sugahara

 

 

 

Watanabe

 

NSWCCA

16.10.1998

Import

 

 

 

Import

1511.2g

 

 

 

1511.46g

PG

 

 

 

PG

 

10y

NPP 7y

 

 

11y 6m

NPP 7y 6m

AA

9y 6m

NPP 5y

 

10y

NPP 6y

(assistance)

W imported drugs through packs around waist.  Met someone who had offered money and plane tickets.  Did not know what was in packets, but knew important.  Unsuccessful controlled delivery.  Dealt with as courier

S introduced to supplier by W.  Same modus operandi.  Separate importation.  Thought drugs were cannabis.

Co-offender: TAMATSU (import less trafficable)

Lau

(61)

NSWCCA

4.12.1998

 

Co-offender:
CHUNG (2000)

Knowingly concerned import

 

2 x firearm offences

4.55kgPGNil

12y

NPP 8y

 

(Concurrent sentences)

ADDrugs imported hidden in speakers – controlled delivery to appellant's house – defaced gun also found in house – not a principal – willingly and knowingly allowed packages to be delivered to his house and assisted with unwrapping – willing participant / intermediary

Trinh

(44)

[1998] VSCA 137

Knowingly concerned import3kgVGNil

12y

NPP 10y

AA

10y

NPP 8y

Drugs imported from Thailand in package – involved in importation with family members – managed person being paid to receive packages of heroin and sent money

Female – acted out of misplaced loyalty to younger brother

Li

(46)

[1998] 1 VR 637

VSCA

Attempt possess

 

Possess trafficable

2kgVGnil

10y

NPP 7y

AA

7y

NPP 5y

Drugs sent from Thailand concealed in false bottoms of boxes – controlled delivery made to appellant

Ku

(30)

(1998) 103 A Crim R 41

ACTSC

Attempt possess

 

Possess traff

1.6259kg

 

15g

PGMinor offences

14y

NPP 10y

 Attempt made to import drugs hidden in books - controlled delivery collected by appellant in Australia – received instructions by telephone from Thailand

Pang

(1999) 105 A Crim R 474

NSWCCA

Knowingly concerned in import2.495kgPGnil

6y

NPP 5y

AA

5y

NPP 3y

Courier - took delivery of drugs from importers.

Gave full statements and provided considerable assistance to police.  Question of allowing for absence of remissions when setting non-parole period

Kuan

(19)

[1999] NSWSC 286

Ireland J

 

 

Co-offender:

LAW (2002)

Knowingly concerned in importationPGNil

12y

NPP 7y

 

Involved as foot soldier – supervised at all times – Broke open consignment, removed weighed and repackaged heroin – Followed instructions and took heroin to hotel for redistribution

No financial gain – Canadian

 

(Co-offender LAW successful on appeal and granted retrial)

Ho

[1999] NSWCCA 67

Possess17kg (pure)PGpriors

14y

NPP 9y

ADHong Kong national entered Australia as visitor at same time furniture imported into Australia with heroin concealed in it. Police documented applicant removing and breaking up furniture.  More than courier.

Cheng

(19)

 

 

Chan

(30)

 

 

Cheng

(31)

 

(1999) 107 A Crim R 460

SACCA

 

(2000) 203 CLR 248

HCA

 

Co offenders:

WONG (1999)

LEUNG (1999)

(NSW)

Knowingly concern import9.350kg

PG

 

 

 

PG

 

 

 

PG

Nil

 

 

 

 

 

 

 

Nil

14y

NPP 7y 6m

 

 

16y

NPP 11y

 

 

13y 6m

NPP 7y 6m

AA

9y

NPP 5y

 

AA

13y

NPP 9y

 

AA

10y

NPP 6y

 

 

 

 

Sentences affirmed in High Court

Drugs sent from Bangkok secreted in marble pedestals

Cheng (1) – provided address for parcels and arranged for delivery – excellent prospects of rehabilitation

Cheng (2) – drove drugs to Sydney – greater culpability than Cheng (1)

Chan – more involved in operation – organised Adelaide end of operation – flew to Sydney and supervised delivery

Hashmi

[1999] NSWCCA 439

 

Co-offender:
KOVACS (2000)

Import1.881kgPGnil

5y

NPP 3y

(50% discount assistance)

ADCourier.  Pakistani national strapped dugs to body.  Needed money for daughter's dowry.  Controlled delivery made and evidence obtained conviction.

Nguyen

[1999] NSWCCA 441

Knowingly concerned in importation4.775kgVG 

8y

NPP 3y 9m

(+3m PSC)

AD

Female - Courier - Supplied address and collected consignment of stereo speakers.  Took them to co-offender.

Impact on 6 children

Wong

(mid 20s)

 

 

Leung

(mid 20s)

 

(1999) 108 A Crim R 531

NSWCCA

 

(2001) 207 CLR 584

HCA

 

(2002) 127 A Crim R 243

NSWCCA

 

Co offenders:

CHENG (1999)

CHAN (1999)

CHENG (1999)

(SA)

Knowingly concerned in import

 

 

Knowingly concerned in import

 

9.356kg

VG

 

 

 

VG

no drugs

 

 

 

nil

12y

NPP 7y

 

 

12y

NPP 7y

Crown AA

14y

NPP 9y

 

Appeal to HCA successful

 

On rehearing to CCA:

Crown AA

14y

NPP 8y

(triple jeopardy taken into account)

Heroin imported to Adelaide in pedestals and controlled delivery to accused and third offender in Sydney.

Very top of significant commercial range.

Both accused more than couriers - mid-range participants.

 

Guideline Judgment

Cheung

(44)

[1999] NSWCCA 421

 

(2001) 209 CLR 1

HCA

 

Co-accused:

CHAN & Ors (1995)

NG (1991)

Knowingly concerned in importation38kgVGnil

Life

NPP 21y 11m

AD

 

 

 

 

High Court AD

Senior inspector with Hong Kong Customs Service.  Involved with others in importation of heroin from Hong Kong.  See Chan & Ors.  Regarded as a, if not the, principal.

Good character   Serving sentence in foreign gaol, unlikely to see wife again because of her health.

Kovacs

(44)

(2000) 111 A Crim R 374

NSWCCA

 

Co-offender:
HASHMI (1999)

Attempt possess1.881VGprior conviction for importation heroin

13y

NPP 9y

Crown AA

15y

NPP 10y

Co-offender brought heroin in from Pakistan - Controlled delivery to respondent at hotel - To take possession of drug to disseminate in community - More than courier

On work release program

Nicholas

(59)

(2000) 111 A Crim R 490

VSCA

Attempt possess

 

Possess trafficable

6.5kgVGFinance offences

15y

NPP 10y

AA

12y

NPP 8y

Controlled delivery – first offence related to full amount of drugs imported – second offence related to sample amount retained in controlled delivery – not principal but more than courier – provided significant assistance to co-offender

Chung

(43)

[2000] NSWCCA 153

 

Co-offender:

LAU (1998)

Knowingly concerned in import4.755kgPG 

14y

NPP 9y

ADInvolved in unpacking heroin imported in stereo speakers. Regarded as less than principal but higher than co-offender.

Ung

(29)

(2000) 112 A Crim R 344

NSWCCA

 

Co-Accused:

VO (2000)

Knowingly concerned with import54.504kgVGminor - no drug offences

16y 6m

NPP 11y

ADInvolved in unloading boxes of canned pineapple filled with heroin at wharf.  Significant role although not principal.  Knew large amount of heroin involved.

Ghale

(37)

[2000] NSWCCA 249

 

Co-Accused:
KARKI (2001)

CHAN (2002)

Knowingly concerned with importation2.4kgPGnil

7y

NPP 4y 3m

Crown AD

Courier - Arrived with false Nepalese government passport - Imported drugs from Bangkok - To deliver drugs to another person

Prior good character - Low intelligence - Remorse - Good prospects of rehabilitation - Isolation

Voong

(33)

[2000] WASCA 220

 

Co-offender

FOO (2001)

Possess1.5625kgPGnil

16y

NPP 10y

AA

13y

NPP 7y 6m

Packed heroin in backpack - Arranged for two persons to carry backpack to Perth – picked up backpack from couriers and passed it on to co-offender – high level courier

Some assistance

Vo

(2000) 118 A Crim R 320

NSWCCA

 

Co-Accused

UNG (2000)

Knowingly concerned with import54.504kg VG 

22y

NPP 14y

ADFemale involved in importation of heroin in cans of pineapple.  Leased premises and supervised and arranged for storage of goods.  Key participant in importation.

Bala

(31)

[2000] QCA 436

Import2.112kgPG 

15y

NPP 7y

AD

Malaysian national – drugs secreted in suitcase

Wife and son and disabled brother at home

Wong

(37)

[2001] WASCA 32

Consp import11.548kgVGminor

24y

NPP 14y

ADCanadian citizen – conspired with co-offender to import heroin from Bangkok – arranged to have parcels containing heroin hidden in pottery sent from Bangkok to Mauritius – appellant flew to Perth leaving co-offender to send on package

Chua

(28)

[2001] NSWCCA 50

Knowingly concerned in importation1.9264kgPGnil in Australia

6y

NPP 3y 3m

Crown AD

Apprehended at airport with skin abrasions - Search of terminal found bag with drugs in toilet - Admitted bringing drugs in from Bangkok and handing them to another person during flight

From Singapore - Genuine remorse - Volunteered involvement

Majeric

(48)

(2001) 121 A Crim R 451

VSCA

Knowingly concerned import23.9kgPGBurglary and theft

21y

NPP 15y

AD

Heroin imported by ship concealed in tins of chestnuts – controlled delivery - took delivery of packages at warehouse and tested concealed powder – close to the top of organisation - highly involved in operation over considerable time – procured importation

Discount for assistance

Kook

[2001] NSWCCA 122

Knowingly concerned with importation2.5kgPG 

12y

NPP 8y

ADHeroin concealed in hollowed out computer books.  Books delivered by another person to applicant after importation.  Low in hierarchy but still heavily involved.

Ng

[2001] NSWCCA 305

Knowingly concerned with importation69.052kgPGdrug importation

Life

NPP 18y 6m

ADHeroin concealed in commercial baking ovens from China.  High level role in operation. Value $80-$95 million.

Karki

(31)

[2001] NSWCCA 378

 

Co-Accused:
GHALE (2000)

CHAN (2002)

Knowingly concerned with importation2.426kgPGnil known

10y

NPP 6y

AD

Came out from Nepal to take delivery of drugs imported by co-offender - Higher than courier.

Discount for assistance - dependant wife and child in Nepal

Foo

(50s)

(2001) 126 A Crim R 486

WASCA

 

Co-offender:

VOONG (2000)

Possess1.5625kgVGDrugs offences

21y

NPP 11y 6m

AA

17y

NPP 9y 6m

Took delivery of drugs from co-offender – under orders from superior but nature of role in operation not discernible – involved for financial gain

Mandagi

(42)

[2002] NSWCCA 57

 

Co-accused:

CHAN (2002)

CHEN (2002)

SIREGAR (2002)

ISMUNANDER (2002)

LAU (2002)

LI (2005)

CHAN (2005)

FAN (2005)

CHUNG (2005)

Knowingly concerned in importation252.3kgVG 

Life

NPP 25y

AA

27y

NPP 19y

Captain of boat bringing drugs from Thailand - Aware drugs on boat and falsified log

Parity with co-offender - Motivated by desire to provide for family - Indonesian.

Chan

(38)

(2002) 128 A Crim R 119

NSWCCA

 

Co-accused:  MANDAGI (2002)

CHEN (2002)

SIREGAR (2002)

ISMUNANDER (2002)

LAU (2002)

LI (2005)

CHAN (2005)

FAN (2005)

CHUNG (2005)

Knowingly concerned in importation252.3kg PG (50% plea and assist)nil

13y

NPP 10y

AD

Speedboat containing heroin from Thailand lowered from ship off NSW coast.  Applicant drove speedboat to Port Macquarie where authorities intervened.  Applicant recruited for navigational skills.  Chose site and date for landing.

Hong Kong fisherman.

Without assistance sentence would be 23y 6m (NPP 18y 6m)

Sik Lam

[2002] NSWCCA 190

 

Co-Offender:
LAM (2003)

Possess1.723kgPGPrior conviction for similar offence

10y

NPP 7y 6m

Crown AD

Proceeds of crimes offences also taken into account - Principal

Offence committed 6 months after release to parole for similar offence - Assistance to authorities

Chan

(51)

(2002) 131 A Crim R 66

 

Co-offenders:
KARKI (2001)

GHALE (2000)

Knowingly concerned in importation3.4kgVGnil

20y

NPP 15y

AD

Principal - Arranged for importation of heroin

 

Chen

 

Lau

 

Siregar

 

 

Ismunandar

 

(2002) 130 A Crim R 300

NSWCCA

 

(2002) 136 A Crim R 206

NSWCCA

 

Co-accused:

CHAN (2002)

MANDAGI (2002)

LI (2005)

CHAN (2005)

CHUNG (2005)

FAN (2005)

Knowingly concerned in importation252.3kg

VG

 

VG

 

VG

 

 

VG

nil

 

nil

Life

 

Life

 

Life

NPP 20y

 

Life

NPP 20y

AD

 

AD

 

AD

 

 

AD

 

Largest drug operation ever detected in Australia. Attempt to import heroin from Thailand in boat.

Chen - principal

Lau - principal

Ismunander - Chief officer

Siregar - Chief engineer

Ra

(2002) 131 A Crim R 133

NSWCCA

Knowingly concerned in importation5.689kgPG (10%) 

15y

NPP 10y

AD

Accepted delivery of drugs concealed in stone columns from Hong Kong.  Drugs sent to premises controlled by A.  Role was between courier and mastermind.

Street value excess $A11million.

He

[2002] NSWCCA 370

Knowingly concerned in importation

 

Knowingly take part in supply comm qty heroin

9.8kg

 

 

 

4.25kg

PG 

Import:

20y

NPP 13y

 

Supply:

FT 3y

 

Total:

23y

NPP 16y

ADSignificant and senior role – link between importer and distributor – recruited courier and monitored transfer of drug through several stages – separate transactions involving separate importations

Leung

(36)

(2002) 134 A Crim R 187

NSWSC

Knowingly concerned import

 

Knowingly concerned import ecstasy

10.7kg

 

 

 

51.47kg

VGNil

Ecstasy:

14y

 

Heroin:

18y

 

Total:

20y

NPP 14y

 Drugs imported from China hidden in cans of pineapple – took delivery of drugs and stored them in storage unit – controlled delivery – significant role as middleman

Bourchas

(2002) 133 A Crim R 413

NSWCCA

Attempt possess9.811kgPG (65% plea and assist on appeal)nil relevant

8y 6m

NPP 5y 1m

AA

4y 11m

NPP 3y

Posed as employee of courier company in order to collect goods in which heroin concealed upon arrival into Australia - part of highly organised syndicate - goods intercepted by police.

Assistance to authorities.

Law

(44)

[2002] NSWSC 952

Sully J

 

[2006] NSWCCA 100

 

Co-Accused:

KUAN (1999)

Conspiracy to importat least 40kg actually importedVGNil

Life

NPP 30y

AD

Sentence on retrial - With co-offenders, involved in importation of heroin in vases from Thailand - Ongoing operation involving five consignments over 2 years.

Key organiser, although not principal.

"Worst case" category.

(Summary of NSW and interstate cases where life sentence imposed)

Leung

(2003) 144 A Crim R 441

NSWCCA

Attempt possess54kgVGnot stated

20y

NPP 12y

ADTook possession of heroin located in cans of pineapple - Co-offender opened cans in unity - Considerable organisation involvement

Lam

(28)

(2003) 140 A Crim R 435

 

Co-offender:
Sik LAM (2002)

Possess

 

Possess traff qty

1.723kg

 

1.110kg

PGHistory of serious fraud offence

13y 4m

NPP 10y

FT 10y (concurrent)

AA

9y

NPP 5y 2m

FT 7y (concurrent)

Involved with father and co-offender in transaction involving heroin – Further amount of heroin found at house – Lesser participant to father

Significantly influenced by father

Wong

[2003] NSWCCA 261

Knowingly concerned in import64kgVG 

20y

NPP 13y

AD

Few facts given – Mid-management in smuggling ring – Well organised

Protection due to threats

Li

(51)

(2003) 139 A Crim R 281

NSWCCA

Knowingly concerned in importation2.4956kgVGSupply heroin

12y

NPP 9y

Crown AA

15y

NPP 11y 3m

Drugs imported in computer books – Principal in Australia with overall responsibility for Importation

Some assistance

Chen

(44)

(2003) 138 A Crim R 433

NSWCCA

 

Co-accused:

STANBOULI (2003)

Conspiracy to import12.6kg actually imported

PG (late in trial)

 

40y

NPP 26y

AA
31y

NPP 23y

Lynch pin in highly organised and on-going conspiracy to import heroin – Several importation detected

Stanbouli

(30)

(2003) 141 A Crim R 531

NSWCCA

 

Co-accused:
CHEN (2003)

Conspiracy to importAt least 64kgPG (30% plea and assist on appeal)Nil

13y 6m

NPP 10y

Crown AA

19y

NPP 12y

Employee of Customs Broker and Freight Agency – Provided advice and monitoring assistance of shipments containing heroin – 46 shipments – 23 contained heroin – Total amount uncertain – Received $200,000

Some discount for assistance – Excellent prior character

Gao

[2003] NSWCCA 390

Knowingly concerned in importation3.487kgVGPrior convictions – no full time custody

12y

NPP 8y

ADHeroin imported as documents - Trusted and respected agent for parties

Jain

(28)

[2004] VSCA 30

Import

 

Possess false passport

1.5599kgPGnil

10y

NPP 8y

(other sentence concurrent)

AA

10y

NPP 7y

Indian student brought in drugs concealed in suitcase – courier

Remorse – good prospects of rehabilitation

Speer

[2004] NSWCCA 118

Import2.5411kgPG (10%)Nil

16y

NPP 10y

AA

9y

NPP 6y

Heroin found in suitcase at Sydney airport.

Error in finding s16G Crimes Act Cth had no application where section repealed between plea and sentence – Sentence outside permissible range

Li

(40)

 

Chan

 

 

 

Fan

 

 

Chung

 

[2005] NSWCCA 154

 

Co-offenders:

MANDAGI (2002)

CHAN (2002)

CHEN (2002)

SIREGAR (2002)

ISMUNANDER (2002)

LAU (2002)

Knowingly concerned in importation252.3kg

PG

 

 

PG

 

 

 

PG

 

 

VG

Nil

 

 

Nil

 

 

 

Not stated

 

 

Nil

24y

NPP 18y

 

Life

NPP 30y

 

 

Life

NPP 28y

 

Life

NPP 28y

Crown AD

AD

 

AA

Life

NPP 28y

 

AD

 

 

AD

Involved in largest ever importation of heroin into Australia – drugs brought to coastal area on adapted fishing trawler – Brought to beach by speedboat

Each offender present in Australia prior to importation, preparing for delivery

Li – driver and general hand – no influence in offence

Chan – co-ordinator and supervisor in Australia – remorse – early guilty plea – erroneous finding that he was to be responsible for storage and distribution of heroin

Fan – trusted sub-ordinate to Chan – took orders and supervised carrying out in preparation of arrival of heroin – limited assistance

Chung – trusted member of organisation – below Fan and Chan – assisted in preparation for pick up of heroin

Phong

(2005) 153 A Crim R 477

VSCA

Knowingly concerned import2.996kgVGNil relevant

15y 3m

NPP 11y 3m

ADDrugs sent from Thailand – originator and architect of importation, arranging purchase and importation

Liu

(26)

[2005] NSWCCA 378

Import1,582g PGNil

8y

NPP 4y

AD

POST 16G REPEAL

Female – imported drugs in body bags – Further 1,222.8g (pure) carried by male partner – Threats – Debts of co-offender

Gave birth to co-offender's son in custody - delay

MO

(27)

(2007) 169 A Crim R 60

NSWCCA

Att possess75kgPG (40%)Nil

9y

NPP 6y

Crown AA

13y 2m

NPP 8y 8m

POST 16G REPEAL

Recruited to collect drugs shipped into Australia in containers – Proceeded to try to collect drugs but drugs had already been removed by police.

Good character – raised by foster family – money needed to help ill mother.

Lee

(31)

[2007] NSWCCA 234

Import76.3kgVGMinor

18y

NPP 11y

Crown AA

28y

NPP 19y 6m

POST 16G REPEAL

Drugs imported in framework of two containers – set up company to arrange landing of containers, clearing through customs and delivery to warehouses

Good character

Ong

(48)

 

 

Nguyen

(41)

 

(2007) 176 A Crim R 366

VSCA

Consp import

 

 

 

Att possess

1.8769kg VG

Prior drug offence – breached parole

 

Irrelevant prior conviction

15y

NPP 11y

 

 

5y

NPP 3y 6m

Crown AD

 

 

 

Crown AD

Arrangement made over several months to bring in heroin from Thailand

N – limited role and limited intelligence

Lau

[2009] WASCA 99

 

 

 

 

Co-offender:
CHEUNG (1997)

Possess

 

Knowingly concerned import

32.4kgPG 

25y

NPP 16y

AD

 

Crown AA

(to reduce backdate by approx 5y)

Canadian citizen – collected drugs in China and delivered them to three seamen packaged in cardboard boxes – Picked up boxes from seamen in Geraldton and drove to Perth – sold some of the heroin to purchaser – working on behalf of organiser and high in hierarchy

Escaped from custody – arrested in Canada and spent ten years awaiting extradition

Assistance

Teng

(47)

 

 

Tan

(35)

 

 

Lam

(34)

 

 

Wong

(40)

 

(2009) 22 VR 706

VSCA

Aid and abet import

 

 

Aid and abet import

 

 

 

Aid and abet import

 

 

 

Import

150kg – 125kg reached shorePG

Nil

 

 

 

Prior drug offence in Denmark

 

 

Nil

22y

NPP 15y

 

 

24y

NPP 16y

 

 

23y

NPP 16y

 

 

23y

NPP 16y

AA

20y

NPP 13y

 

AD

 

 

 

AA

22y

NPP 15y

 

AA

22y

NPP 15y

Sophisticated plan to import heroin via Korean ship – Wong on board ship and assisted in bringing drugs ashore – other appellants made arrangements on shore and picked up drugs

Teng – middleman with significant responsibility

All of comparable culpability

Cao

 

 

Phan

 

 

Nguyen

 

[2009] NSWCCA 273

Conspiracy to import

7kg

 

 

7kg

 

 

5kg

PG

(25%)

 

PG

(25%)

 

PG

(15%)

Nil

 

 

Nil

 

 

Nil

24y

NPP 14y 6m

 

18y

NPP 11y

 

15y

NPP 8y 6m

AD

POST 16G REPEAL

C & P principals of syndicate – organised couriers to import drugs from Vietnam – involved in six importations - N's role to meet couriers at airport and to assist couriers – described as second in charge to the principals – involved in four importations.

C involved P due to P's financial needs – C also involved his sisters and his brother-in-law and caused them to face lengthy prison terms - C had additional responsibilities to P.
P had very little contact with persons in Vietnam and no contact with supplier - P had stronger subjective case because of her age and the needs of her children and grandchildren.

 Last updated: 11/9/2017

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