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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 – Trafficable / Marketable

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Customs Act 1901 (Cth) (repealed 6.12.2005)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)(d): 25 years

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

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

Trafficable Quantity           2g

Commercial Quantity         1.5kg

 s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to sentences imposed after that date)

CaseOffenceAmount: purePleaRecordResultAppealFacts

Ghomari

NSWCCA

12.4.1991

Possess345gPG 

MT 8y

AT 2y 8m

ADCourier

Lankreijer

NSWCCA

14.6.1991

Import232.7gPG 

3y 6m

NPP 2y 6m

AD

Addict – heroin for own use and for friends and associates.

Suffered spasticity in arm.

Chebat

NSWCCA

25.7.1991

Import606gVGNil known

10y

NPP 8y 6m

AA

10y

NPP 6y

Concealed in suitcase – Courier

Lam

(1991) 53 A Crim R 118

NSWCCA

Possess1.433kgPG 

MT 7y

AT 2y 4m

ADNo role in importation - minding it for someone else.  Culpability well down the line.  To receive reward of $10,000.

Mai

 

 

 

Tran

 

(1992) 60 A Crim R 49

NSWCCA

Possess

 

Attempt possess

 

Possess

50g of 6.9kg importation

VG

 

 

 

VG

 

MT 10y

AT 3y

FT 5y (concurrent)

 

MT 10y

AT 3y

ADSuitcase arrived in Australia as unaccompanied luggage.  Intercepted and controlled delivery established.  Picked up by T.  M later apprehended with substituted block.  Dealt with as major operators.

Ndubuisi

NSWCCA

27.3.1992

Import

 

Possess proh import

378gPG FT 5y 6m

AA

6y

NPP 4y

Nigerian involved as courier.  Heroin concealed in his body.  Importation towards bottom end of scale.

Gurung

NSWCCA

22.5.1992

 

Co-offender:

LAWLESS (1994)

Import

151g

(70% pure)

PGnil

6y 6m

NPP 4y 6m

AD

Swallowed condoms filled with H.  Courier

Nepalese - Background of poverty

Dowe

(59)

NSWCCA

26.3.1993

Import80gVGnil

6y

NPP 4y

AD

Arrested at airport with 17 packets in shoes.

No contrition, some co-operation with authorities.

El-Cheikh

NSWCCA

26.3.1993

Import44.5gPGgaol for supply heroin in Aust.

6y 6m

NPP 4y 4m

ADHeroin in body – Part for own use, part for sale.

Kelly

NSWCCA

20.4.1993

Import41.1gPG 

3y 6m

NPP 2y

AA

3y

NPP 18m

(assistance)

Purchased in Thailand for $960.  Primarily for own use.

Heroin addict, unemployed.

Clarke

NSWCCA

23.4.1993

Import

 

Possess proh imports

94.2g

(77.4% pure)

PGprison in Sweden for importation

6y 6m

NPP 4y 4m

ADImported heroin in body.  Heroin imported for sale.

Gedid

(50)

NSWCCA

23.4.1993

Import961gVGNil

7y

NPP 5y

AD

"Well within the discretion."

Lebanese woman, sick.  One dependent child and elderly husband in Lebanon.

Zielinski

NSWCCA

21.5.1993

Import667.3gVG 

6y

NPP 3y 6m

Crown AA

7y 6m

NPP 4y

Female - Recruitment of 15y daughter an aggravating factor – Drugs carried internally and in daughter's shoes.

Turner

NSWCCA

21.5.1993

Import685.5gPGnil

7y 6m

NPP 4y 6m

AD

Apprehended at airport with drugs strapped to body.  Courier

Excellent prior character - army service, assistance to police, prospects of rehabilitation.

Sanna

(49)

NSWCCA

21.5.1993

Import863gVG 

9y

NPP 5y

ADDrugs in suit-case.  Did not speak English.

Rachid

(63)

NSWCCA

13.8.1993

Import105gPGnil

5y 6m

NPP 4y

AD

Travelled from Lebanon, to be paid $5000 Courier.  Wanted to finance eye surgery.

Conditions of detention for non-English speaking foreigner, late plea at arraignment.

Drazkiewic

(43)

NSWCCA 23.11.1993

Knowingly concerned in importation165gPGnil

8y

NPP 6y

AA

7y

NPP 4y 6m

Importation from Thailand with 4 co-off: 2 couriers and 2 planners.  Sentenced as courier.

Late plea, good character discount for absence of remissions

Ayoub

(60)

NSWCCA 10.3.1994

Possess295.8gPGnil

18mth

to be released to recog after 9m

Crown AA

3y

to be released to recog after 18m

Female offender from Lebanon.  Sent heroin in package from Lebanon.  Intercepted and controlled delivery arranged.  She accepted delivery and signed.  Advised a male that the 'present' had arrived.  Agreed to co-operate with police against co-accused.

Lawless

NSWCCA

24.6.1994

 

Co-offender:

GURUNG (1992)

Possess345gVGnil

5y

NPP 3y

AD2 Nepalese couriers made controlled delivery to A- wired by police.  Took possession of only 16g but regarded as part of wider intention.  Played significant part in intended distribution.

Sukjai- Crawshaw

NSWCCA

3.6.1994

Import130.1g  

6y

NPP 4y

AA

4y

NPP 2y 6m

SJ did not have information about mental illness.

Swallowed H. Drugs valued at $70K.  Sentenced as courier.

Gave some information to police but was of little assistance.  Was a serious chronic paranoid schizophrenic.

El-Khoury

NSWCCA

30.9.1994

Import99.9gPG 

6y

NPP 3y 6m

AD

Female with drugs concealed by insertion into vagina.  Estimated street value of $190- $280K.  Failed to discharge onus that it was for her own use.

Middle aged woman from Lebanon entering on a 3 month visa.  Dependent children in Lebanon.

Nguyen

NSWCCA

6.10.1994

Import250gVGprior for attempt import

8y

NPP 5y

AD

Sentenced as "more than a mere courier".  Drug hidden in shoe sole.

Heroin addict

Chaaroui

NSWCCA

4.11.1994

Import92.8gPG 

6y

NPP 4y

ADPaid $20,000 to import drugs.

Kiely

NSWCCA

10.11.1994

Knowingly concerned in importation409.1gPG 

9y

NPP 4y

Crown AA

Failure to give assistance

9y

NPP 5y

Took delivery of drugs in Hong Kong – Delivered to couriers

Lama

NSWCCA

4.8.1995

Attempt possessJust under 1.5kg

PG

(SI)

 

8y

NPP 5y 2m

(assistance)

AD

Collected drugs from courier to hold for principal.

Without assistance sentence would have been 10y NPP 6y

Schrei

NSWCCA

24.11.1995

Import18gPG FT 5y

AA

5y

NPP 3y 6m

Refused to "pass" packages in his anal tract.  Courier.

Elchami

(59)

NSWCCA

15.12.1995

Import548gPGnil

7y

NPP 5y

ADLebanese man approached drug dealer to obtain fair to visit son in Australia.

Shlakht

(1995) 82 A Crim R 92

VCA

Possess

 

Possess trafficable cannabis resin

263.8g

 

4165.4kg

PG 

7y

NPP 5y

(2y concurrent)

AD

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

Involvement greater than the short period of possession

 

Co-offender KRASNOV dealt with for import commercial qty heroin and trafficable qty resin.

Rostom

(32)

(1995) 83 A Crim R 58

VCA

Import128gVGnil

6y

NPP 4y

AA
4y

NPP 2y 6m

Appellant imported heroin secreted in towel – Fresh evidence as to assistance

Doan

NSWCCA

27.9.1996

Import170.8gVG 

6y

NPP 3y 6m

ADFemale - No higher than courier.  Wore shoes with heroin concealed.  Possibly to receive a share of $10,000.

Zayat

NSWCCA

22.11.1996

Import165gPG FT 5yADTo be paid $10,000 to go to Lebanon and bring back drugs.

Le

NSWCCA

22.11.1996

Import570.3gPG 

7y

NPP 4y 6m

ADFemale committed offence because of financial difficulties.  Some assistance to authorities.

Lee

(23)

 

 

Ng

(23)

 

NSWCCA

20.12.1996

Import

 

 

 

Import

488g

 

 

 

301g

PG

 

 

 

PG

nil

 

 

 

nil

8y

NPP 6y

 

 

8y

NPP 6y

AA

8y

NPP 5y 3m

 

8y

NPP 5y 3m

Couriers arrested at airport.  Drugs concealed in chocolate bars and shoes.

No connections to Australia

Assistance to authorities.

Duffy

(1996) 85 A Crim R 456

WACCA

Import

328g

(78% pure)

PG 

12y

NPP 5y 3m

AD

Carried drugs in from Thailand secreted in leather folder – travelled with co-offender who was more senior

Drug addiction – some assistance

Bradley

(1997) 137 FLR 314

NSWCCA

Import140g Significant record for drug convictions overseas

9y

NPP 6y

ADImported heroin from Thailand using false passport – discussed possibility of taking heroin to New Zealand

Maman

(31)

NSWCCA

27.3.1997

Import461.8gPGnil9y

AA

8y

NPP 5y

Apprehended at airport.  Courier motivated by greed.

No assistance.  Israeli with strong family ties on Australia.

Lawson

(18)

 

 

Wu

(38)

 

Thapa

(18)

 

(1997) 98 A Crim R 463

NSWCCA

Import

 

 

 

Knowingly involved in import

 

Import

 

320g

 

 

 

666g

 

 

346g

PG

 

 

 

PG

 

 

PG

nil

 

 

 

serious drug offences

 

nil

3y 6m

NPP 2y

 

 

9y

NPP 6y

 

3y 6m

NPP 2y

Crown AA

6y

NPP 3y 6m

 

Crown AD

 

 

Crown AA

6y

NPP 3y 6m

L and T each recruited by W to be couriers.  L and T carrying drugs internally.  W to collect drugs from them when possible.

L a US national

T had Burmese and British nationality.  Neither had priors.

Little that could be said in favour of W

Mohyuddin

(31)

VSCA

13.10.1997

Att possess74.8gPG 

3y 9m

NPP 2y 6m

AD

Drug brought into Australia by courier internally – took delivery of drugs from courier at hotel - after arrest involved in controlled delivery to co-offender to receive $10,000 for involvement

Assistance – citizen of Hong Kong – wife and child in Hong Kong

Lommahadthai

NSWCCA

11.12.1997

3 x knowingly concerned importNot statedPG 

13y

NPP 9y 6m

ADOrganiser of three importations – "organisational and entrepreneurial basis" - organised drugs, travel and payment and oversight of couriers

Cohen

(23)

VSCA

11.5.1998

Import293.27gPGnil

4y 6m

NPP 2y 6m

AD

Israeli national – brought drugs in from Thailand concealed internally

Cultural and religious isolation in custody – remorse – prospects of rehabilitation

Chai

 

 

 

 

 

Lim

 

28.5.1998

QCA

Import

 

Knowingly concerned in import

 

Import

337.909g

 

131.038g

 

 

 

131.038g

PG

 

 

 

 

 

VG

Nil

 

 

 

 

 

Nil

15y

NPP 7y

 

 

 

 

12y

NPP 6y

AD

 

 

 

 

 

AA

10y

NPP 5y

Malaysian married couple – drugs concealed internally or in clothes

Second offence for Chai related to wife's offence

Carmody

(30)

(1998) 100 A Crim R 41

VSCA

Knowingly import

 

Trafficking

61.2g

 

 

350g

PGnil

Import:

2y

 

Total:

3y

NPP 2y

Import:

2y

 

Total:

3y

NPP 18m

Female – involved in importation with husband – Trafficking offence related to 350g heroin imported earlier by husband

Hardship on young son – some assistance

Dodd

(40)

 

 

Kavinmethavee

 

NSWCCA

30.6.1998

Conspiracy to import

 

 

Conspiracy to import

Small trafficable amount

PG

 

 

 

PG

minor drugs, on parole

 

 

 

nil

12y

NPP 9y

 

 

6y

NPP 4y

AA

10y

NPP 6y 6m

 

4y

NPP 2y 6m

D and K went to Thailand to purchase H.  D returned and K organised couriers.

K apprehended at Bangkok.  Informed on couriers and returned home.  Arrested in Sydney.  Informed on D.  Intermediary.

D was organiser, although motivated by addiction.  Relatively small trafficable quantity.

Chu

NSWCCA

16.10.1998

Import851.9gVG 

7y

NPP 4y 6m

AA

6y

NPP 3y 9m

(assistance)

Courier.  Brought in two bottles of scotch with heroin inside.  Told police he was aware he was bringing in an illegal substance.  Agreed to a controlled delivery which resulted in arrest of co-accused.

Yu

[1999] NSWCCA 6

Attempt possessA little more than 1kg

PG

(after 2 weeks of trial)

conviction for possession drugs in Hong Kong

5y 4m

NPP 3y 6m

Crown ADHeroin imported in carbon paper packed in glass pictures.  Arrived with co-offender to transport goods to Melbourne.  Courier.

Huynh

(20)

[1999] VSCA 47

Possess

 

Attempt possess

431g

(63% purity)

VGLengthy record – breached periodic detention for drug offence

5y

NPP 4y

ADDrugs brought into Australia by courier internally – appellant and three others collected drugs from courier from hotel room in controlled delivery

Gagliardi

(33)

(1999) 108 A Crim R 344

WASCA

Possess

 

3 x proceeds of crime offences

98gPGNil in Australia

8y

NPP 4y 6m

AD

Italian – found in possession of heroin for purpose of sale – also found in possession of foreign currency - either imported drug or close to person who imported drug

Addiction – HIV positive

Campos

[1999] NSWCCA 339

Possess

 

Proceeds of crime

139.9gVGnil

6y 8m

NPP 4y 8m

(FT 18m concurrent)

AA

5y

NPP 3y

(FT 15m concurrent)

Female - Found in possession of $6,000 in handbag – heroin found in bedroom – over four months transmitted $347,316.57 overseas in 31 transactions

Assistance to authorities – good prospects of rehabilitation

Tu

[1999] NSWCCA 357

Possess670g prior for deemed possession

9y

NPP 6y

AA

6y

NPP 4y

2 parcels of heroin found in unit.  Minder

Refugee with unfortunate employment history.

Tamotsu

(1999) 109 A Crim R 193

NSWCCA

Import

 

Conspiracy to import

1.481.5g  

11y

NPP 7y 6m

AA

10y 3m

NPP 6y 3m

Drugs found on A as he came through customs.  Admitted to police he had done the same three months earlier.

 

Co-offenders: SUGAHARA / WATANABE - import commercial

Ha

(28)

[1999] NSWCCA 385

Knowingly involved in import

 

Possess

317.9g

 

226.72g

PGnil

12y

NPP 8y

FT 4y (concurrent)

AA

10y

NPP 6y 6m

Frequent traveller between Vietnam and Australia.  Sent heroin by post to Vietnam.  More heroin found at house.

Regarded as sole operator or one of principals.

Ngui

(24)

 

Tiong

(48)

 

(2000) 111 A Crim R 593

VSCA

Import1.25kgPG 

5y

NPP 4y 3m

AA

5y

NPP 3y 4m

Drugs carried into country by appellants in tour group – drugs concealed in bottles containing 'cleaning' products and cavities in heels of shoes – participated in controlled delivery - couriers

Both appellants received discount for assistance

K

(24)

[2000] NSWCCA 200

Import720.6gPGnil - although previously acted as courier between Thailand and Indonesia

7y

NPP 4y

(40% discount for assistance)

AA

(above guideline)

5y

NPP 3y

Arrested at airport with heroin in suitcase.  Participated in controlled delivery to principal.  Treated as courier.

Huang

(2000) 113 A Crim R 386

NSWCCA

Attempt possess809.5gPGnil

8y

NPP 5y

AD

Took delivery of heroin imported by co-offender at Hotel.  Dealt with as a courier.

Family hardship; difficulty in gaol because foreigner.

Olbrich

(58)

(2000) 117 A Crim R 326

NSWCCA

Import1184gPG 

8y 6m

NPP 6y

AA

8y 6m

NPP 5y

(to take into account effect of long appeal process on conditions of incarceration)

Imported heroin in luggage.  No evidence of A's position in drug organisation.  Paid $15,000 to import drugs.

Cooperation with police.

Goder

(48)

[2000] WASCA 315

2 x Consp import

 

 

 

Knowingly concerned import

25g (purity unknown)

55g (purity unknown)

 

70g

PG

 

 

 

 

VG

extensive16yADDrugs brought in by three couriers on separate occasions from Indonesia concealed in vagina – arranged and paid for by appellant

X

(44)

[2000] WASCA 355

Import224.2gPGnil

7y 4m

NPP 5y

AA

7y 4m

NPP 4y 9m

Imported drugs internally – courier

Some assistance

Le

(44)

[2000] QCA 129

Att possess800g PGnil

12y

NPP 4y

AD

Co-offender imported drugs in frozen fish – controlled delivery of portion of drugs imported to appellant

Good work history

Karacic

(2001) 121 A Crim R 7

NSWCCA

Attempt possess453.8gPG (11% on appeal)no gaol

10y

NPP 7y

AA

8y

NPP 5y

Attempted to take delivery of drugs sent from Hong Kong to computer company.  Used letterheads and postal address of uninvolved company to take delivery of drugs.  Greater than mere courier.

Nguyen

(35)

(2001) 118 A Crim R 519

WASCA

 

(2001) 160 FLR 284

WASCA

Attempt poss

Possess

136.4gVG 

8y

NPP 3y 7m

AA

5y GBB

Drugs sent from China in jewellery box - Female appellant aware drug had been sent and signed to receive package – importation organised by husband who was a drug addict – appellant would receive no profit from importation

Effect of imprisonment on children

(Case adjourned to second date to finalise sentence after successful appeal)

Bugeja

[2001] NSWCCA 196

Possess

 

Supply methylamphet

139.8g

 

21.6g

PGDrug offence

9y

NPP 6y 6m

(FT 3y concurrent)

AA

8y

NPP 5y 3m

Drugs found in appellant's house – actively involved in drug supply in community

Radebe

(2001) 122 A Crim R 559

WASCA

Import229.7gPG (25% on appeal) 

10y

NPP 5y 6m

AA

9y

NPP 4y 9m

Female – courier – imported drugs from South Africa in package hidden in pants

Thom

(49)

(2001) 126 A Crim R 196

WASCA

Import

 

Possess false passport

225gPG (35% plea and assist)Drug offence

8y 6m

NPP 5y 6m

AA

8y 6m

NPP 4y 3m

Brought drugs into Australia secreted in suitcase

Attempt made at controlled delivery

Ma

(34)

(2001) 125 A Crim R 349

WASCA

3 x attempt poss Total of 88.5g (70% purity)PG (38% plea and assist) 

5y

NPP 2y 6m

AA

4y

NPP 2y

Cards mailed from Hong Kong contained drugs – mailed to different addresses – appellant successfully retrieved envelopes from three addresses

Festus

(30)

[2002] WASCA 25

Possess

 

Currency offence

273.1gPG (25% plea and assist)nil

9y

 

Total:

10y

AD

Heroin found in tool box after return from overseas trip – failed to declare $US69,000 found in luggage upon leaving overseas

Childhood of great hardship in Liberia – involved in heroin trade because of debt incurred in leaving Liberia and threats to family – agreed to sell heroin to repay debt – remorse and co-operation – good prospects of rehabilitation

Gooch

 

 

Pierce

 

[2002] NTCCA 3

Import

 

 

Knowingly concerned import

254.1g

PG

 

 

PG

Nil

 

 

Prior for drug trafficking

6y

NPP 4y

 

6y

NPP 4y

AD

De facto couple – P (female) brought in heroin in false bottom in suitcase – both had travelled to Thailand and purchased heroin

Heroin users

Nguyen

(2002) 131 A Crim R 341

WASCA

Knowingly concerned import

 

Attempt poss

134.8gVGnil

12y

NPP 7y

ADDrugs sent by package secreted in bottles of hair conditioner – appellant had arranged posting of drugs in Hong Kong and then took delivery of package in Australia – Controlled delivery after drugs imported

Auv

(23)

[2002] NSWCCA 375

Import242.2gPGnil relevant

8y 6m

NPP 6y

AA

7y 6m

NPP 5y

Male – Treated as principal - Facts not stated.

Assistance to police about importation of heroin into Australia from Cambodia.

Tanudjaja

[2002] NSWCCA 467

Import344gPG 

6y

NPP 3y

ADFemale - Financially difficult circumstances - Remorse - Model prisoner - Suffering severe depression

Besodi

(over 50)

[2002] NSWCCA 452

Attempt possess14.6gPGnil

8y

NPP 5y

AA

6y

NPP 3y 9m

Took delivery of package containing heroin - Organiser

Afghan - Well established business - Prominent community work

Bousehjin

(38)

(2003) 140 A Crim R 310

NSWCCA

Possess720gPGnil

8y

NPP 5y 4m

AD

Picked up drugs from courier at hotel in controlled delivery- Higher than courier

Iranian - Suffers substantial back injury

Ntsele

(2003) 141 A Crim R 33

NSWCCA

Attempt possess heroin

 

Possess cocaine

311.9g

 

1,307g

PG (20% assist and other on appeal) 

6y

NPP 3y 2m

(concurrent)

Crown AA

6y

NPP 4y

 

8y

NPP 4y

(concurrent)

Took possession of heroin from co-offender - Cocaine found in police search of premises - Higher level of involvement than co-offender

Delay in instituting appeal - Discount for assistance too high - Error to make sentences identical and concurrent

P

(31)

[2003] WASCA 180

Import214.9gPG (40% plea and assist)nil

7y 6m

NPP 5y

AD

Romanian national – agreed to carry drugs to repay debt – threats against family – drugs secreted in underpants and heels of shoes

No addiction – some assistance

Parry

(38)

[2003] WASCA 222

Knowingly concerned import224.4gVG 

10y

NPP 5y 6m

AD

English national - Drugs imported from Thailand by courier – supervised courier in Thailand and made arrangements to meet in Australia

Suffering Hept C. – isolation in custody

THN

[2004] VSCA 7

ImportJust under 500g)PG 

5y 6m

NPP 3y

AA

4y

NPP 2y

Female - Fresh evidence as to assistance – no further details

Chew

[2004] NSWCCA 26

Import71.8gPG (35% plea and assist) 

6y

NPP 4y

ADIngested heroin – dealt with as more than courier

Chew

(22)

[2004] NSWCCA 132

Import303.5gPGNil

6y 6m

NPP 4y 6m

AA

5y 3m

NPP 3y 3m

Courier carrying drugs internally

Malaysian – - Prior good character – Assistance - Parity

Le

(43)

[2004] VSCA 111

Import

 

Trafficking

See factsPGtrafficking

Import:

5y

NPP 3y

 

Total:

7y

NPP 5y

ADArranged for and received shipment of heroin on four occasions concealed in electronic speakers – total weight of mixture was 336g – 52g pure intercepted in fourth delivery – drugs sold to co-offenders for supply to their customers - facilitator

Dang

(25)

[2004] NSWCCA 265

Attempt possess92gPG (25%)Failure to report excess currency

7y 6m

NPP 5y

AD

POST 16G REPEAL

Package forwarded to offender from Vietnam intercepted by customs officers, containing four packages of heroin concealed in two hardcover books – street value $176,400-$223,440.

Offender on expired student visa.

Dang

(40)

[2004] NSWCCA 269

Import218.6gPG (25%)Nil relevant

6y 6m

NPP 4y 4m

ADVietnamese, migrated to Australia in 1981 – returned to Sydney after a trip to Vietnam, 400g heroin powder concealed in his shoes - courier

Mas Rivadavia

(21)

 

 

El Akkaoui

(22)

 

Aksu

(24)

 

(2004) 149 A Crim R 1

NSWCCA

 

Co-offender:
KARDOULIAS (2005)

Conspiracy to import

 

 

Conspiracy to import

 

Att possess

708.5g

PG (15%)

 

 

 

PG (15%)

 

 

PG (15%)

Nil

 

 

 

Nil

 

 

minor

6y 9m

NPP 4y 3m

 

 

6y 9m

NPP 4y 3m

 

4y 3m

NPP 2y 6m

Crown AA

8y 3m

NPP 5y 3m

 

8y 3m

NPP 5y 3m

 

Crown AD

POST 16G REPEAL

Importation from Hong Kong of 708.5g pure heroin – controlled delivery – co-offender sentenced for attempt possess

RMR – employee of FedEx –responsible for passing messages and advising re progress of packages – after arrest suffered depression with psychotic features – favourable prospects of rehabilitation

RA – passed messages and supervised collection of package - favourable prospects of rehabilitation

Mirzaee

(59)

[2004] NSWCCA 315

Import578gPG (25%)Nil

9y

NPP 6y

AA

9y

NPP 4y 6m

POST 16G REPEAL

Imported drugs from Iran – Courier

Financial hardship – Heart problems – Isolation from family - Erroneously took into account probable importation

Bezan

(44)

(2004) 147 A Crim R 430

NSWCCA

Import260gVGNil

5y 6m

NPP 3y 3m

Crown AA

8y

NPP 5y

POST 16G REPEAL

Drugs secreted in chessboard - Principal

Ogochukwu

[2004] NSWCCA 473

Knowingly concerned in import217.9gVGNil

7y 4m

NPP 5y

AD

POST 16G REPEAL

Took delivery of heroin mailed from Thailand – facilitated delivery

Prior good character

Kaldor

(57)

(2004) 150 A Crim R 271

NSWCCA

Import479.3gVGMinor; no prison

3y 4m

NPP 2y

Crown AA

7y

NPP 4y

POST 16G REPEAL

Heroin imported from Vietnam in a guitar

A

(42)

[2004] NSWCCA 292

Import316.9gPGIrrelevant

7y

NPP 4y 6m

AD

POST 16G REPEAL

Vietnamese born female imported heroin in shoes for $20,000 – courier at lowest end of importation

Substantial and beneficial assistance – sad and different life – isolation in custody – back condition

Zaydan

(40)

 

 

 

 

 

 

 

Bava

(40)

 

[2004] VSCA 245

2 x knowingly concerned import

 

Traff ephedrine

 

 

 

 

 

2 x knowingly concerned import

 

Traff ephedrine

208.9g

 

449.2g

VG

 

 

PG

 

 

 

 

 

VG

 

 

 

 

PG

Drug offences

 

 

 

 

 

 

 

 

Armed robbery

Import:

7y and 8y

Trafficking:

3y

 

Total:

11y

NPP 9y

 

Import:

7y and 8y

Trafficking:

1y

 

Total:

10y 6m

NPP 8y 6m

AD

 

 

 

 

 

 

 

 

AA

To make trafficking offence concurrent

 

Total:

10y

NPP 8y

Heroin imported from China hidden in two packages in books – controlled delivery – merchants or principals who arranged for heroin to be sent and awaited arrival of packages intending to be involved in distribution – equal roles

When heroin did not arrive involved in trafficking of ephedrine for purpose of making amphetamines – Z involved in arranging for drugs to be sent in 4 packages – one package intercepted and contained 1.596kg pure ephedrine – another package probably contained the 404g (pure) found in possession of Z – B had lesser role in trafficking trying to find buyers

Z – Lebanese – mental problems resulting from torture as a 16y in Lebanon – suffering PTSD – drug abuse

Kardoulias

(35)

(2005) 159 A Crim R 252

NSWCCA

 

Co-offenders:
MAS RIVADAVIA (2004)

EL AKKAOUI (2004)

Consp to import708.5gVGDrug offences

13y 6m

NPP 8y 6m

AD

Crown AD

POST 16G REPEAL

Involved in conspiracy where heroin sent in packages from Hong Kong - principal

Do

(49)

[2005] NSWCCA 258

Import478.4gVGNil

8y

NPP 5y

AD

POST 16G REPEAL

Vietnamese female brought drugs secreted in shoes – paying off gambling debt

Tragic childhood - Retrial

Pham

(27)

[2005] NSWCCA 314

Import244.6gPG (25%)Record

9y

NPP 5y 6m

AA

8y

NPP 4y 6m

POST 16G REPEAL

Brought in heroin from Bangkok – low level importer

Suffering psychological condition resulting from car accident – reasonable prospects of rehabilitation

Thi Thai

 

 

 

 

 

Phenny Thai

(29)

 

[2005] VSCA 283

Att possess

 

 

 

 

 

Import

221.7g

VG

 

 

 

 

 

PG

Nil

 

 

 

 

 

Nil

3y 1d

NPP 1y

 

 

 

 

5y 6m

NPP 4y

AA

2y 6m

NPP 271d

(immediate release)

 

AA

5y 3m

NPP 3y 6m

P.Thai mailed drugs in parcel to wife (T.Thai) – drug secreted into photo albums – controlled delivery

 

P.Thai – organiser and principal – commercial motive – Cambodian national although Australian citizen

 

T.Thai – Courier – under domination of husband - Cambodian national – good prospects of rehabilitation – nil drug use – impact on children

De Campos

(44)

[2006] NSWCCA 51

Import280.2gPG (25% plea and assist on appeal) 

8y

NPP 5y

AA

7y 6m

NPP 4y 6m

POST 16G REPEAL

South African woman imported drugs internally – seeking money to support mother

Discount should be given for offer to assist

Sandford

(65)

[2006] VSCA 110

Import396.7gVG 

6y

NPP 3y 6m

AD

Counselled and procured – recruited courier on behalf of others – drugs imported from Vietnam

Health problems

Vo

 

 

 

 

 

Tran

[2006] NSWCCA 165

Conspiracy to import 678.4gPG 

9y

NPP 6y

 

 

 

 

6y

NPP 2y 6m

Crown AA

(failure to fulfil undertaking)

10y

NPP 6y 6m

 

6y 8m

NPP 2y 10m

POST 16G REPEAL

Vo was principal in organisation involved in importing heroin from Vietnam – Employed persons to recruit drug couriers.

Tran was Vo's partner – Acted as assistant.

Le

(40)

[2006] NSWCCA 136

Import117.6gPG (25%)Nil

7y 6m

NPP 5y

AD

POST 16G REPEAL

Female imported drugs internally from Singapore

Deprived background – hardship to children

Mohlasedi

(33)

[2006] WASCA 267

Import1.4618kgVG 

18y

NPP 10y

AD

Flight attendant from South Africa imported drugs on body and sewn into clothing in luggage – commercial gain

Effect of imprisonment on family

Okafor

[2007] NSWCCA 147

Attempt possess108gVGGood character

6y

NPP 4y

AD

POST 16G REPEAL

Attempted to collect package containing drugs from post box

Mirza

(35)

[2007] NSWCCA 257

Import313.7gPG (25%)Nil

9y

NPP 5y

AD

POST 16G REPEAL

Heroin found in packaged taped to feet – left Australia for purpose of importing drugs

Financial difficulty

Perrier

 

Pop

 

 

 

Tilley

 

[2008] VSCA 97

Conspir import208.4g VG

 

 

Significant prior conviction

(Life)

 

7y 6m

NPP 5y 6m

 

 

7y

NPP 5y

(AD - died)

 

AD

 

 

 

AD

Imported by courier from Nepal – importation organised by Perrier – Perrier died from cancer before appeal completed