Public Defenders

Drugs - Cocaine - Possess Prohibited Import - Commercial Quantity

 

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Customs Act 1901 (Cth)
s.233B(1) - possess prohibited import
s.235(2)(c) - maximum penalty - life
Commercial quantity - 2kg
(repealed 6.12.2005)


Criminal Code (Cth)
s.307.5 - possess commercial quantity unlawful import
s.307.8 - possess commercial quantity reasonably suspected unlawful import
Maximum penalty - life
Commercial quantity - 2kg

 

Name (age)OffenceAmountPleaRecordSentenceAppealFacts

Tamayo

 

 

Martinez

NSWCCA
24.11.1995

Possess

 

 

Possess

47.7kg (pure)

PG

 

 

PG

nil

 

 

nil

14y
NPP 10y

 

10y
NPP 7y

AD

T local distributor working on commission basis for Columbian organisation.  M lieutenant.

T remorseful and health problems.

M gave assistance.

Lara-Gomez
(38)

 

NSWCCA
24.4.1996

2 x Posses

59kg

18kg (pure)

PGnil

18y
NPP13y 6m

AD
(Life would have been appropriate but for subjective features)

Found in flat rented by A and nearby garage.  Came to Australia to establish warehouse facilities and distribute it according to orders.  Not principal but major player.

No co-operation.

Markar

[2000] NSWCCA 72

Attempt possess2.635kg (pure)PG 

6y 6m
NPP 4y 6m

AD

Took possession of packaged sent from overseas.  Controlled delivery.

Assessed at level of courier.

El Hassan
(30)

(2003) 141 A Crim R 346

 

Co-offender:
EL HASSAN

Attempt possess17kg (pure)PGNil

7y 6m
NPP 5y

Crown AA
10y
NPP 6y

Involved in unpacking cocaine from machine, storage and handling prior to distribution – Limited but crucial role

Assistance in relation to other matter – Prior good character

El Hassan

[2003] NSWCCA 252

 

Co-offender:
EL HASSAN

Attempt possess17.5kg (pure)PG 

15y
NPP 10y

AD

Involved in importation of cocaine in concealed machinery

Assistance to police – Drug addict

Parity

Ma

[2010] NSWCCA 320

 

Wang

[2010] NSWCCA 319

Attempt to possess

201.2465 kg
(purity 72.3% - 88.2%)

PG 

15y
NPP 9y

 

 

18y
NPP 11y 6m

AD

 

 

 

AD

Drugs hidden in shipping container of furniture and boxes purporting to contain tea – controlled delivery - upper end of scale based on quantity and quality of drugs, amount of money paid for drugs and profits expected from their sale

M: initially denied knowledge of drugs and lied at interview - expected payment of $400,000 for her involvement - role lowest of four participants involved in scheme - not party to importation, but aware shipment had to involve large quantity of illicit drugs

W: likely unaware of wholesale value of drugs estimated at up to $45 million - to contact director of company importing the goods - higher in chain of command than M whom W recruited - trusted member of group involved in illegal importation scheme

 

M: Under financial pressure - prior good character - significant although limited assistance to authorities - protective custody

W: prior good character - motive of greed and attempt to reconcile with former husband - low chance of re-offending - medium level of assistance - late G plea

 

 

POST REPEAL s.16G / Criminal Code

CaseOffenceAmountPleaRecordSentenceAppealFacts

Riddell

(2009) 194 A Crim R 524

s.307.5 - Attempt possess

s.307.5 - Possess

3.877kg (pure)

8.080kg (pure)

PGMinor assault charge in Canada

9y
NPP 5y

Crown AA
11y
NPP 7y

Canadian national came to Australia on 6m visa – took delivery of cocaine concealed in goods sent from overseas – unaware of exact nature of drugs – stored goods in hired storage facilities – not involved in unpacking – element of duress

FS

(2009) 198 A Crim R 383

Conspiring to possess28.399kgPGNil

12y
NPP 9y

AA
10y
NPP 6y 8m

Mexican - Cocaine concealed in shipping container – high level participation and culpability – not principal but important figure

Assistance discount

Wang

[2010] NSWCCA 319

Att possess201.2465 kg, with purity ranging from 72.3% to 88.2%,PG 

18y
NPP 11y 6m

AD

Female – cocaine hidden in boxes asserting to be Chinese tea – controlled delivery - arranged for delivery of goods to flat and attempted to unpack drugs – active participant and no mere accessory – sophisticated scheme – towards upper range of gravity

Assistance discount

C

[2013] NSWCCA 81

Att possess120kgPG 

16y 4m
NPP 10y 6m

AA
14y 3m
NPP 9y

Cocaine imported from Mexico - A entered Australia on instructions from cartel to take possession of cocaine - when arrested, A admitted offence and provided assistance to authorities – low-level participant or courier,

Inadequate discount for assistance which was significant – placed A and family at risk of retribution.

Blackman

 

 

 

 

Jomaa

 

[2014] NSWCCA 90

Att possess31.92kg (pure)

PG
(25%)

 

 

 

PG
(20%)

Minor

 

 

 

 

Nil

9y 9m
NPP 5y 6m
(5% discount assistance)

 

11y 3m
NPP 7y

Crown AD

Drugs imported on ship in bags concealed in legitimate cargo – substantial and continuing involvement – controlled delivery – attempted to take possession of drugs nut no indication arranged importation – greater than couriers but not kingpins

 

J – suffering psychological problems