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Act 1901 (Cth) s.233B(1) - possess prohibited import s.235(2)(c) - maximum penalty - life Commercial quantity - 2kg (repealed 6.12.2005)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
T local distributor working on commission basis for Columbian organisation. M lieutenant.
T remorseful and health problems.
M gave assistance.
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.
 NSWCCA 72
6y 6mNPP 4y 6m
Took possession of packaged sent from overseas. Controlled delivery.
Assessed at level of courier.
(2003) 141 A Crim R 346
Co-offender: EL HASSAN
7y 6mNPP 5y
Crown AA10yNPP 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
 NSWCCA 252
Involved in importation of cocaine in concealed machinery
Assistance to police – Drug addict
 NSWCCA 320
 NSWCCA 319
201.2465 kg(purity 72.3% - 88.2%)
18yNPP 11y 6m
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
(2009) 194 A Crim R 524
s.307.5 - Attempt possess
s.307.5 - Possess
Crown AA11yNPP 7y
(2009) 198 A Crim R 383
AA10yNPP 6y 8m
Mexican - Cocaine concealed in shipping container – high level participation and culpability – not principal but important figure
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
 NSWCCA 81
16y 4mNPP 10y 6m
AA14y 3mNPP 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.
 NSWCCA 90
9y 9mNPP 5y 6m(5% discount assistance)
11y 3mNPP 7y
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