Back to Top

Back to Sentencing Tables Index

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
Cocaine

Cth Code – All Jurisdictions

Criminal Code

307.2 Importing and exporting marketable quantities of border controlled drugs or border controlled plants
307.6 Possessing marketable quantities of unlawfully imported border controlled drugs or border controlled plants
307.9 Possessing marketable quantities of border controlled drugs or border controlled plants reasonably suspected of having been unlawfully imported

Penalty: 25 years

Trafficable Quantity        2g
Commercial Quantity      2kg

Case
(age if known)

OffenceAmount (pure)PleaResultAppealRecordFacts

Onuorah

(2009) 197 A Crim R 430

NSWCCA

Att possess107.2gVG

9y

NPP 6y

ADNilLeased post office box in false name – jewellery box sent from Venezuela with cocaine secreted inside – drugs removed in Venezuela and controlled delivery undertaken – offender eventually took delivery of box

NN

(31)

 

 

 

 

AP

(28)

 

[2009] NSWCCA 108

Possess

 

 

 

 

 

Aid and abet importation

1.753kg

PG

(40% plea and assist)

 

 

PG

(40% plea and assist)

8y 4m

NPP 5y 3m

 

 

 

 

7y 9m

NPP 4y 10m

AA

6y 6m

NPP 4y

 

 

 

6y

NPP 3y 8m

Minor

 

 

 

 

 

Minor

Cocaine imported in brake drum – N to take delivery of imported package – low in hierarchy – P involved in facilitating delivery of package

Married with children – Armenian – reasonable prospects of rehabilitation

Oprea

(45)

[2009] QCA 184

 

Co-offender:

HARRIS

Attempt possess1.4897kgVG

10y

NPP 6y 6m

ADOld and less serious drug offences

Drugs sent from Costa Rica in chocolate package – controlled delivery – picked up package sent to co-offender and delivered it to another person - courier

Romanian refugee

Harris

[2009] QCA 370

 

Co-offender:

OPREA

Attempt possess1.4897kg

PG

(12.5%)

7y

NPP 4y

AD 

Female - drugs sent from Costa Rica in chocolate package – agreed to receive package to pay off drug debt – controlled delivery - no involvement in planning

Long term drug addiction – absconded at time of trial

Jimson

[2009] QCA 183

Import1.6868kgPG

8y

NPP 4y 6m

AD 

Female - Cocaine found concealed in suitcase – paid to collect suitcase and deliver it to another person

Malaysian national with husband and son in Malaysia – remorse and assistance

Di Tommaso

(26)

[2010] VSCA 178

Import34.5g PG

2y 6m

NPP 1y 6m

ADNil

Italian national - Imported cocaine in pellets from Thailand

Immature and impulsive

De La Rosa

(2010) 205 A Crim R 1

NSWCCA

Import1870g

PG

(25%)

8y

NPP 5y

ADSignificant

Role of courier – delivered drugs.

[CCA reviews number of sentence cases].

Brink

[2010] NSWCCA 217

Import

210.5g cocaine

 

281.9g heroin.

PG

8y 6m

NPP 5y

AD 

Brought in drugs concealed in picture frames from South Africa – suspicious that frames contained drugs

Amputated leg

Nikolovska

(48)

[2010] NSWCCA 169

 

 

Co-Offender:

NAKHLA

Import1.431kg

PG

(20%)

6y

NPP 9y 3m

Crown AA

7y 6m

NPP 4y 9m

minor

Female - Cocaine imported in oil filters – employee of Qantas Distribution Centre – assisted in arranging flights overseas for co-offender, monitoring arrival of packages and passing on information – 'strategically placed facilitator intended to be receiver and deliverer of importation to co-offender' – breach of trust

Loss of career

Mokbel

(42)

[2010] VSCA 11

Knowingly concerned import1933.4gVG

12y

NPP 9y

ADPriors - possess unlicensed pistol – att pervert course of justice – receiving - hinder police

Joint criminal enterprise with co-offenders to import drugs from Mexico – financier and overseer - principal

Absconded from trial and sentenced in absence

Okeke

(44)

[2010] NSWCCA 266

Att possess cocaine

 

Att possess cocaine and heroin

 

Att possess cocaine

 

Possess heroin

 

Recklessly deal with proceeds of crime

80.4g cocaine

 

 

545.4g cocaine

71g heroin

 

 

371.9g cocaine

 

 

473g heroin

PG

18m

 

 

3y

 

 

 

3y

 

 

6y 6m

 

14m

 

Total

10y 6m

NPP 8y

AA

2y

 

7y

 

 

 

4y 6m

 

 

6y 6m

 

18m

 

Total

10y 6m

NPP 6y 10m

 Arranged to receive drugs secreted in 6 packages sent from overseas over 7 months – found in possession of heroin after collecting package from interstate – also found in possession of $61,150 – above mid-range

Nakhla

[2011] NSWCCA 143

 

 

 

Co-offender:

NIKOLOVSKA

Import1.431kg

PG

(20%)

9y 6m

NPP 5y 9m

AD 

Travelled overseas to make arrangements for the dispatch of drugs – cocaine imported in oil filters - given $10k cash to pay co-offender – although other persons were higher in organisation offender was "trusted lieutenant" and extremely active participant.

Assistance

Chong

(25)

[2011] NSWCCA 182

Import151.1gPG

6y

NPP 3y 6m

AA

5y 3m

NPP 2y 9m

US drug and dishonesty offences

Female - flew in from USA with drugs concealed in underwear

US citizen – heavy drug addiction

Okandeji

(28)

[2012] NSWCCA 30

Att possess774.3gVG

12y

NPP 8y

ADNilTook delivery of drugs imported in wall painting from Brazil - principal

Lindsay

(44)

[2012] NSWCCA 124

Import352.1g

PG

(25%)

8y 6m

NPP 5y 6m

ADLengthy.  drugs, stealing, dishonesty

Full facts not provided.

Not a mere courier -  involvement included booking his travel and his hotel accommodation

Maya

(27)

 

Kennedy

(50)

 

[2012] QCA 123

Att possess1.865kgVG

11y

NPP 7y

ADNil – bothM (female) and K (male) – elaborate arrangements made to take delivery of drugs secreted in hydraulic rams imported from Colombia without detection – different but equal involvement – found commercial motive but no evidence as to benefit

Beqiri

(40)

(2013) 37 VR 219

PossessJust under 1.7kg

PG

(15%)

6y

NPP 3y 9m

AA

5y 6m

NPP 3y 4m

nil

Drugs brought in from Fiji impregnated in towels and clothing in suitcase of female acquaintance – collected drugs – made arrangements to extract drugs – significant involvement – expected financial reward

Culpability reduced by psychological condition

On appeal - conviction for offence of manufacture quashed reopening sentence

Ojielumhen

(36)

[2014] ACTCA 28

 

Co-offender:

MANYATHELA

Att possess196.3g

PG

(25% plea and assist)

6y

NPP 4y

AA

5y

NPP 2y 6m

nil

Drugs concealed in DVD player imported from Thailand – accompanied co-offender to collect package – found in premises with opened package – role was to collect package and pass them on

Prior good character

Adegoke

[2013] NSWCCA 193

Att possess

 

 

Proceeds of crime

 

False instrument

86.2g

PG

(20%)

7y

 

 

5y

 

 

12m

 

Total:

10y

NPP 6y

AD

7y

 

5y

 

 

3m

 

Total:

10y

NPP 6y

Dishonesty offences from NSW and USA

Found in possession of postal slip for package containing drugs concealed in thermos sent from Brazil – intended to collect drugs to sell

Traumatic background

Hay

[2013] NSWCCA 22

Conspiracy to import

 

 

Possess

250.7gVG

7y

NPP 4y

 

7y

NPP 4y

(concurrent)

AD Driver for airline catering company became involved in conspiracy to import – co-offender retrieved cocaine hidden in rubbish receptacle in toilet by passenger

Omorogbe

(56)

[2013] NSWCCA 201

Att possess106.4g

PG

(25%)

5y

NPP 3y

ADNil

Attempted to collect package of drugs from post box – drugs sent from China – collecting on behalf of another – low end of scale – not isolated offending

Nigerian – family still in Nigeria

AB

[2013] NSWCCA 333

Import400g

PG

(50% plea and assist)

5y

NPP 2y 6m

ADNil

Female - travelled from Malaysia having swallowed 66 pellets containing drugs – pregnant at the time.

Assistance.

Sutton

(52)

[2013] QCA 151

Import127.2gPG

5y

NPP 2y 6m

ADRecord includes supply prohibited drugArrived at airport from Philippines – admitted drugs secreted in anus – intended to share drugs with friends – less serious than courier

Harrington

(62)

[2014] ACTSC 321

Burns J

 

[2016] ACTCA 10

Att possess

 

 

Trafficked cocaine

258.5g

 

 

24.91g

PG

(10%)

4y 6m

 

 

10m

 

Total

4y 6m

NPP 2y 3m

Crown AA

7y

 

1y 6m

 

Total:

8y

NPP 4y 6m

Not significant

Parcel containing cocaine secreted in car wax intercepted by police – took delivery of parcel and arrested in process of removing wax – intended to sell some of the drugs for profit – further cocaine and drug paraphernalia found in residence

Prior good character – suffering from cancer

Chime

(36)

[2014] NSWCCA 304

Aid and abet import heroin

 

Aid and abet import cocaine

 

Aid and abet import heroin

 

Aid and abet import morphine derivative

 

Aid and abet import cocaine

 

Aid and abet import heroin

 

Aid and abet import methamphet

 

Aid and abet import heroin

 

Aid and abet import cocaine

 

Proceeds of crime

42.3g

 

 

64.7g

 

 

174g

 

 

106g

 

 

 

116.7g

 

 

At least 2g

 

 

158.6g

 

 

 

332.1g

 

 

159g

VG

2y

 

 

2y

 

 

3y

 

 

3y

 

 

 

3y

 

 

3y

 

 

3y

 

 

 

4y

 

 

3y

 

 

7y

 

Total:

12y

NPP 7y

AD

(minor change made to sentence on one count to correct slip)

 

 

 

 

 

 

 

 

 

 

2y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total:

12y

NPP 7y

Nil

Nigerian took delivery of drugs in eight packages – intermediary involving quite a degree of planning – false identification documents – more than a courier – unwrapped drugs and passed them on

Suffering some PTSD

Siddiqi

(19)

[2015] NSWCCA 169

Import1.48kgVG

7y 6m

NPP 3y 9m

ADAR, enter enclosed lands - not relevant as bonds had been granted

With 2 co-offenders, actively involved in recruitment of innocent agents to receive drugs sent from overseas.

Suffering major depressive order.

Manyathela

(26)

[2015] ACTCA 13

 

Co-offender:

OJIELUMHEN

Att possess196.3g

PG

(10%)

7y 2m

NPP 4y 8m

AA

2y 6m Recog

(see facts)

nil

Drugs concealed in DVD player imported from Thailand – accompanied co-offender to collect package equal culpability

Prior good character – some assistance

On appeal – would have imposed new sentence of 6y NPP 3y – but NPP would have expired year earlier

Zandi

(34)

[2015] VSCA 24

Att possess2 kgPG

7y

NPP 4y

AD Controlled operation – met on several occasions to make arrangements for purchase of imported drug with undercover police officer – discussions suggested supply of up to ten kilos – paid $65,000 and received 2 kilograms of substituted drug – seeking to finance own drug addiction

Atanackovic

[2015] VSCA 136

Possess imported

 

Trafficking cocaine [s.302.4(1) Cth Code]

1,194.3gPG

3y 6m

 

 

1y 6m

 

Total:

4y

NPP 2y 6m

ADNil relevant

Drugs imported from USA brought to offender's apartment by co-offender and found by police in search – trusted minder of drugs aware they would be trafficked – observed by police preparing and supplying drugs and 12.4g (pure) and 68.5g (pure) cocaine found in apartment and storage unit by later police search – motivated by financial gain

Became addicted to cocaine after cancer and inability to have children – genuine remorse - good prospects of rehabilitation – suffering depression

(consideration of a State guideline judgment in relation to Community Corrections Order to federal offences – concluded does not apply to federal offences)

Alpha

(33)

[2015] NSWCCA 225

Import

 

Sched:

2 offences

684g

PG

(50% plea and assist on appeal)

7y 2m

NPP 4y 3m

AA

6y

NPP 3y 8m

Supply drugs

Communicated with father and other co-offenders regarding import - utilised coded terminology in conversations via telephone services subscribed with false identification – drugs intercepted by police - high level seriousness.

Drug abuse

Harris

(24)

[2016] VSCA 30

Import120gPG

5y

NPP 3y

AA

3y 1d

NPP 2y

Nil

Imported drugs in underpants and rectum – pressured by drug debt

Early guilty plea

Neto

(25)

[2016] QCA 217

Import712.3gPG

7y 6m

NPP 4y 3m

ADnil

Brazilian national – carried cocaine in suitcase from Dubai – sought to raise money to support family in Brazil – must have at least suspected carrying drugs

Remorse – efforts at self-improvement in custody – pregnant partner in Brazil

Johnstone

(26)

 

McCauley

(24)

 

[2017] ACTSC 84

Penfold J

Import

 

 

Import

29.7g

 

 

29.7g

VG

 

 

VG

3y 6m

ICO

 

3y 4m

ICO

 

Minor

 

 

Minor

J met man in Thailand and arranged for 50g of drug to be mailed to Australia – offenders impressed with price and quality and arranged second mailing to M's grandmother – controlled delivery – personal use although intended to sell for cost – would have imported more – low range seriousness – J more culpable

J – good rehabilitation from long term substance abuse

M – some rehabilitation

Cunha

(26)

[2017] QCA 6

Import mkt qty1.338kgPGADNil

8y

NPP 5y

Brazilian national entered Australia with co-offender carrying drugs in pants

Some financial pressure at home

Co-offender BERNARDO dealt with for importing comm qty

 Last updated: 31.7.2017

 

 

Back to Sentencing Tables Index