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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 – Cocaine – Supply Less Than 50g

 

s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug (less than commercial quantity)s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15 years

CaseOffenceAmountPleaPriorsSentenceAppealFacts

Colin

(35)

[2000] NSWCCA 236

Supply PG 2y bond

Crown AA

12m PD

Involved in regular supply of small amounts of cocaine - came into contact with cocaine working at restaurant – supplied on behalf of patron who had provided accommodation – drug addiction

Armstrong

(23)

[2001] NSWCCA 77

Supply VG 

3y

NPP 18m

AD

Female - Runner in drug organisation – regularly sold 0.02g cocaine over 2 months – high level of criminality for street supply

Overcome addiction -

Ayoub

(29)

[2001] NSWCCA 241

Supply cocaine

Supply methyl

Knowingly take part manufacture methylamphet

 

Sched:

Possess ammo

14g

189g

PG 

4y

NPP 3y

(concur)

ADLaboratory found in backyard shed – methylamphetamine, cocaine and ammunition also found

Poulsen

(20)

[2002] NSWCCA 108

Knowingly take part in supply6.1g

PG

(20%)

Minor

4y

NPP 2y

AA

3y

NPP 12m

Found in car with 30 balloons containing 6.1g cocaine – involved for profit

Remorse

Depalo

(30)

[2003] NSWCCA 80

Supply6.25g (20% purity)

PG

(20%)

nil

2y 6m

NPP 1y 10m 12d

PD

AA

$3,000 fine

(6m of PD served)

Observed supplying 6.25g cocaine to co-offender – middleman delivering drug from one supplier to another

Delay – isolated offence – good character

Salazar

(54)

[2004] NSWCCA 13

Deemed supply

 

Sched:

Deemed supply

50.8g (75% purity)

17.9g

PG

(10%)

Old record

2y 8m

NPP 2y

AD

17.9g of cocaine found in plastic bags in car – 50.8g cocaine of 75% purity found in house

Colombian – health problems

Mitchell

(25)

[2008] NSWCCA 192

Supply

 

Supply methyl

14.36g (50% purity)

26.9g (16.5% purity)

PGPriors for drug offences

3y 4m

NPP 2y 6m

(concurrent)

AA

2y

NPP 1y 6m

Found in possession of cocaine and methylamphetamine – purchased drugs with friends for buck's night

Parity

Youssef

(25)

[2014] NSWCCA 285

Supply29.86g

PG

(25%)

Nil

2y 6m

NPPM1y

AA

12m

NPP 7m

Found in possession of drugs when pulled over for traffic infringement – purchased for use at birthday party

Commenced drug use after serious work injury – ineligible for community service part of ISO – SJ erred in finding substantial involvement in supply

Valenti

(28)

[2016] NSWCCA 16

Supply7.68gVG

2 x PCA

Possess

20m

ICO

AD

Male found in pub in possession of drugs in 12 sealed bags – some drug for personal use

Low risk of re-offending

 

 

 

 

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