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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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Drugs - Supply Ecstasy - Commercial Qty

 

s.25(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply commercial quantity prohibited drug
s.33 Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y

Commercial quantity - 125g

Standard Non-Parole Period (offence committed on or after 1.2.2003) 10 years 

CaseOffenceAmountPleaSentenceAppealRecordFacts

Chin

(25)

[2003] NSWCCA 267

Supply

 

Supply cocaine

 

Sched:

GIC

478g

 

4.5g

PG

(20%)

6y

NPP 3y 6m

(FT 3y concur)

ADNo significant record

Supplied ecstasy tablets over 4m period – supplied 4.5g cocaine and offered 29g over 1 month

Substantial gambling debts – remorse – prospects of rehabilitation

AMT

[2005] NSWCCA 151

Supply

 

2 x GIC

435.7g

PG

(60% plea and assist on appeal)

5y

NPP 3y

(FT 3m concurrent)

AA

3y 4m

NPP 2y

 

SNPP 10 years

Drugs found in shoulder bag carried by offender – attempting to fly to Perth

Assistance

S. Vincent

[2006] NSWCCA 78

 

Co-offender:
VINCENT

Knowingly involved in supply

 

Supply

1000 tabs

 

1000 tabs

PG

(25%)

5y

NPP 3y 9m

AA

4y 9m

NPP 3y 6m

 Sat at table while brother made agreement to supply undercover officer – did not participate in negotiations and not present when transfer of drugs took place – one month later supplied to undercover officer in separate transaction.

Smith

(18)

[2006] NSWCCA 129

 

 

 

Co-offender:

BCC

Supply160g

PG

(25%)

2y

NPP 1y

Crown AD

 

Nil significant

SNPP 10 years

Involved in supply of ecstasy in car park of MacDonald's – seller for more senior person – not isolated offence

Reasonable prospects of rehabilitation – remorse – Sentence inadequate but court exercised discretion to dismiss - NPP already expired -  New sentence would only be slightly longer by a few months: at [44].

BCC

[2006] NSWCCA 130

 

 

 

Co-offender:
SMITH

Supply160g

PG

(50% plea and assist)

2y

NPP 18m

Suspended

Crown AD

 

Nil

SNPP 10 years

Involved in supply of ecstasy in car park of MacDonald's – seller for more senior person

Assistance – death threats – good character – prospects of rehabilitation – remorse.

 

Sentence inadequate but court exercised discretion to dismiss – NPP already expired.

Sorbello

(38)

[2006] NSWCCA 225

Supply

 

Sched:

Poss methylamph (2.38g)

Possess cocaine (1.38g).

488.8g

PG

(20%)

8y

NPP 5y

AA

6y

NPP 4y

Nil

SNPP 10 years

Picked up drugs for dealer

Suffered depression after forced resignation due to skin disease – used drugs to provide pain relief – good prospects of rehabilitation – remorse

Appeal allowed on parity ground.

J. Vincent

[2006] NSWCCA 276

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

VINCENT

2 x supply

 

Sched:

Supply MDMA (275g)

Deemed supply cocaine (80.7g)

Possess amphet (0.48g)

Possess proh weapon.

247.8g

326.3g

PG

(20%)

5y 3m

NPP 3y 6m

Crown AA

8y

NPP 5y

 

SNPP 10 years (second offence only)

Supplied drugs on three occasions to undercover police officer over 15 months (third supply of 275g on schedule) – part of ongoing distribution - significant business of acting as wholesaler of drugs on substantial scale - business extended to a number of different kinds of drugs - attended by the degree of threat of violence generally associated with the drug trade - substantial, planned operation in which A played critical role.

 

SJ erroneously told that SNPP did not apply – Court indicated that in context of a Crown appeal where it was not raised at first instance, it is difficult to give much weight to SNPP insofar as it is material as a guidepost - Nevertheless Court took into account that this, at least in terms of count 2, is a relevant consideration: at [37].

J.R.D.

(56)

[2007] NSWCCA 55

Supply

 

Receiving

 

Credit card fraud

 

Sched:

2 x Receiving

250

PG

(55% plea and assist on appeal)

2y

NPP 18m

suspended

Crown AA

2y

NPP 16m

 

Total:

3y 15d

NPP 2y 4m 15d

Extensive but old

SNPP 10 years

Supplied drugs – sought to sell crates of stolen vodka – used false documents to obtain loan for motor vehicle

Physical and mental health problems – Assistance.

Manifest inadequacy – SJ erred in considering each offence separately and sentencing each in isolation when offences were a course of criminal conduct over period of time – failure to consider SNPP.

CCA departed from SNPP by reason of guilty plea, A's role, assistance, and parity with co-offender: at [49].

Hutton

(44)

[2008] NSWCCA 99

Supply478g

PG

(25%)

6y

NPP 3y

ADMinor

SNPP 10 years

Flew to Sydney from Queensland to pay for and pick up drugs – courier

Remorse – drug addict

Lower end of the scale of objective seriousness – SJ made this finding on basis that at time of committing offence A was addicted to drugs and had succumbed to the temptation to obtain drugs by committing the offence: at [10] – [11].

Kumar

(24)

 

 

 

Feagaiga

(27)

 

[2008] NSWCCA 328

3 x Supply

 

Supply comm.  Methyamph

 

3 x Supply

 

Supply comm.  Methyamph

Supply cannabis

Supply amphetamine

Supply Ecstasy

196.34g

255.51g

252.27g

 

204.7g (meth)

PG

(25%)

6y

NPP 4y

 

 

 

6y 3m

NPP 4y 3m

AD / Crown AA -

11y

NPP 8y

 

 

Crown AA

11y

NPP 8y

Nil

 

 

 

 

Assault, malicious damage

 

SNPP 10 years

K's passed drugs to F shortly before F supplied to undercover police officer – F made further supplies to members of public - Both engaged in substantial commercial operation for profit –  supplies were:

1. 716 tablets $12,000
2. 980 tablets $17,500
3. 960 tablets $16,450
4. 2000 tablets $32,000 (Supply methyamph)

Offences "a little below mid level."

K - good character – drug abuse – good rehabilitation prospects

F - drug abuse – good rehabilitation prospects

 

No error in SJ's finding offences "a little below mid level" – Although a substantial commercial operation would normally place an offence in the worst category, the quantities were closer to the bottom of the ranges of commercial quantities than to the top of those ranges: [36] - [38].

Crown appeal allowed due to stark disparity between SNPP and sentences imposed: at [62] – SJ also imposed excessive discount for assistance.

Barlow

(19)

(2010) 204 A Crim R 111

NSWCCA

Supply 

PG

(40% plea and assist)

2y 6m

NPP 15m

Periodic Detention

AA in part to allow for sentencing error:-

2y 4m

NPP 13m 2w

Periodic Detention

(44 days PSC)

Nil

SNPP 10 years

Parents telephoned police after finding large amount of money in A's car - no actual detection of drugs - A volunteered to police that $120k was from sale of 10,000 ecstasy tablets – stated that sale of drugs was out of fear due to debt owed from drug deal that did not eventuate  – middleman.

Very strong subjective features – youth, naïve, full assistance to police where no drugs actually found, remorse, considerable rehabilitation, very supportive family.  Not for financial gain.

SJ erred in imposing sentence partly comprised of a backdated period of full-time custody, with balance to be served by way of periodic detention.

O'Brien

(19-20)

[2010] NSWCCA 297

 

 

Co-offender:

ELLIS

LOCKE

MCKELLAR

3 x Supply

 

Supply less commercial

282.42g

170.75g

296.1g

53.72g

PG

(25%)

12y 6m

NPP 8y 6m

AA

9y 6m

NPP 6y

minor

SNPP 10 years

Involved in drug distribution network - 2 co-offenders involved in street dealing – sourced drugs from applicant and another co-offender – number of supplies to dealers and undercover operatives over several months – found in possession of smallest amount of drug on arrest – senior role in drug distribution – high end range of middle of range

Drug addiction

McKellar

(20)

[2010] NSWCCA 295

 

Co-offender:

ELLIS

LOCKE

O'BRIEN

Supply

 

Supply less commercial

 

Sched:

Proceeds of crime

190.25g

19.01g

PG

(25%)

6y

NPP 4y

AA

5y 3m

NPP 3y 3m

nil

SNPP 10 years

Involved in drug distribution network – sourced drugs for street dealer – supplied drugs in 35 transactions over 6 months – found in possession of smaller amount and $6,000 on arrest

Father to young son – remorse – good prospects of rehabilitation – unlikely to re-offend – drug user

Locke

(19)

(2010) 207 A Crim R 34

NSWCCA

 

Co-offender:

ELLIS

MCKELLAR

O'BRIEN

2 x Supply

 

s.25A

 

Supply less commercial

s.25A:

20.62g

 

360.28g

296.1g

 

83g

PG

(25%)

Commercial Supply:

9y 6m

NPP 5y 6m

 

Total:

11y 6m

NPP 7y 6m

Commercial Supply:

8y

NPP 4y 6m

 

Total:

9y

5y 6m

minor

SNPP 10 years

Involved in drug distribution network –street dealer – multiple transactions over several months – offences at high end of mid range

Drug and alcohol problem

Ellis

(19)

(2010) 206 A Crim R 266

NSWCCA

 

Co-offender:

LOCKE

MCKELLAR

O'BRIEN

2 x Supply

 

Supply less commercial

417.32g

296.1g

54.5g

PG

(25%)

Commercial Supply:

9y 9m

NPP 5y 9m

 

Total:

10y 6m

NPP 6y 6m

Commercial Supply:

8y

NPP 4y 6m

 

Total:

8y 6m

NPP 5y

nil

SNPP 10 years

Involved in drug distribution network –street dealer – multiple transactions over several months – offences at high end of mid range

Sentence reduced by 6m to take into account time at residential rehabilitation program – drug addiction

Rae

(37)

[2011] NSWCCA 211

Supply249.2g

PG

(25%)

5y 6m

NPP 2y

ADPossess

SNPP 10 years

Female negotiated supply of 1,000 ecstasy tablets to undercover police officer – obtained drugs from co-offender – unaware powder supplied contained no prohibited drugs – conversations include possibility of on-going supply – commercial gain – just below mid-range

Drug addiction – good prospects of rehabilitation

LMN

[2012] NSWCCA 52

2 x Supply 

PG

(25%)

8y 6m

NPP 4y 6m

AD 

SNPP 10 years

Facts not provided.

Issue on appeal related to assistance to authorities.

Farrell

(26)

[2012] NSWCCA 245

Supply229.44gVG

9y

NPP 6y 9m

AA

6y 6m

NPP 4y

Minor dishonesty offence

SNPP 10 years

Source of drugs supplied by co-offender to undercover police officer on four occasions

Financial profit - Parity

Perdija

(21)

[2012] NSWCCA 244

4 x Supply

 

Sched:

13 offences

277.6g

294.9g

214.9g

 

PG

(25%)

9y 9m

NPP 6y

AA

7y

NPP 4y 3m

Nil

SNPP 10 years

Sold drugs to undercover police officer on three occasions – on final occasion offered to sell 2000 tablets- facilitator – middle of low range

Drug use caused by stressful events – good rehabilitation – genuine contrition – good character

Robinson

(59)

[2012] NSWCCA 26

Supply

 

Supply less comm qty M

125.42g

 

115.5g

VG

9y

NPP 4y 6m

 

Total:

9y

NPP 6y

AA

To adjust accumulation

 

Total:

9y

NPP 5y

Fraud and drug offences

SNPP 10 years

Female – drugs found in house belonging to offender's absent son - $15,000 found with drugs – warehouser for commercial gain – low purity – beneath mid-range

Allen

[2014] NSWCCA 193

Supply1000 tablets comprising 304.7 grams (purity 14%)

PG

(25%)

2y 9m

NPP 1y 8m

AD 

SNPP 10 years

Drove R to Sydney to purchase drugs – hid drugs in car – stopped by police – showed police where drugs hidden – knew that he was driving R for an illegal purpose – to be paid $500 – courier.

Good character – supportive family.

Kassis

(29)

[2013] NSWCCA 298

Supply comm

 

Supply

 

Sched:

Proceeds

Possess restricted substance

997.5g

 

24.6g cocaine

PG

(25%)

8y 6m

NPP 5y

 

FT 15m

 

Total:

9y

NPP 5y 6m

ADNil

SNPP 10 years

Drugs and $8,000 found in unit – 82.5% purity – role was to at least store drugs that would be made into ecstasy pills – part of drug distribution

 

  

 

 

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