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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 - Commercial Quantity
Ecstasy

Customs Act – All Jurisdictions

Customs Act 1901 (Cth) (repealed 6.12.2005)

Offence:                                                                                               Penalty:
s.233B(1)(a)(iii) - import prohibited drug                                              s.235(2)(c): life
s.233B(1)(a)(iv) - possess prohibited import                                         (includes trafficable with prior specified drug offence)
s.233B(1)(a)(vi) - possess reasonably suspected prohibited import

Commercial Quantity - 500gm

s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to sentences imposed after that date) 

CaseOffenceAmount (pure)PleaRecordResultAppealFacts

Carey

(26)

(1997) 97 A Crim R 552

(VSCA)

Import2kgPGinsignificant
8y

NPP 5y 6m

AA

6y

NPP 3y 6m

English national carried drugs in suitcase. At home living in near poverty and tempted by offer of financial reward. Courier.

Assistance to police – successful controlled delivery.

Bowers

(1997) 97 A Crim R 461

NSWCCA

Import

7,000 tablets

719g

PGnil

8y 6m

NPP 4y 6m

AD

Errors made but sentence appropriate

​Drugs strapped to waist.  Needed the money.

Thorp

(27)

WASCA

5.11.1997

Conspiracy to import804g on last shipmentPGNil drug offences

16y

NPP 8y

AD

At least 4 shipments involved – arranged importation through couriers

Approximate starting point of 18y not excessive

Behar

NSWCCA

14.10.1998

Import1.231kgPGnil

6y

NPP 18m

(50% assistance)

Crown AA

6y

NPP 2y 6m

​Courier with exceptional background.  Became involved with drugs through the Orange People.  Now disavowed involvement with the sect.

Soonius

NSWCCA

29.5.1998

Import3.340kgVG 

11y

NPP 6y

(discount for assistance)

AA

9y

NPP 5y 3m

Hidden in suitcase.  Sentenced as courier.

Suffering psychiatric condition at time of offence - vulnerable.

Budiman

(1998) 102 A Crim R 411

NSWCCA

Knowingly concerned in importation591.6gVGnil

8y 3m

NPP 6y 3m

AD​Tablets found in speakers imported to A.  Controlled delivery to A at hotel.  Courier from Indonesia.

Slatinec

[1999] NSWCCA 2

Knowingly concerned in import

 

Supply large commercial qty

1214gPG 

9y

NPP 6y

(4y 6m concurrent)

AA

8y

NPP 5y

 

(reduced from

13y

NPP 9y

For assistance)

​Involved in importation of MBDB – not at lower end of involvement – above courier

Power

[1999] NSWCCA 25

Possess prohibited import1056.5gPG 

9y

NPP 5y 6m

AD

Arranged to pick up delivery of suitcases containing drug from co-offender who had brought suitcases from Holland.  Co-offender arrested and agreed to controlled delivery

Held on appeal that SJ did not err in finding A was more than a mere courier and was middleman.  No justifiable sense of grievance re sentence of co-offender

Diefenbach

(1999) 108 A Crim R 19

WASCA

 

Co-offenders:

PUNEVSKI (2000)

RUVINOVSKI (2000)

MUSTAFA (2001)

Import562.3gPGNil
12y

NPP 6y

AA

10y

NPP 5y

(Parity)

Female - Brought in drugs hidden on body with 3 others – Recruited and advised other couriers

Camus

[1999] NSWCCA 425

Possess prohibited import736.5gPG 

8y

NPP 5y

Crown AA

10y

NPP 6y

​Recruited by man in Bali to find customers for tablets.  Picked up tablets from Melbourne and sought to sell drugs in Sydney.  Management level.  Supplied some drugs to dealers before arrested.  Motivated by greed - to earn $40,000.  Objective criminality high.

MacGregor

(23)

(2000) 120 A Crim R 24

NSWCCA

Attempt possess

 

Possess ecstasy

Supply ecstasy

Proceeds of crime

657.3gPGnil

9y

NPP 6y

(other sentences concurrent)

AA

8y

NPP 5y

German national carried drugs in strapped to thighs – controlled delivery to appellant – found in possession of $67,750 and 2.16g ecstasy – motivated by financial gain

Good prospects of rehabilitation

Ruvinovski

(2000) 116 A Crim R 131

WASCA

 

Punevski

(2000) 116 A Crim R 146

WASCA

 

Co-offenders:
DIENFENBACH (1999)

MUSTAFA (2001)

Attempt possess

 

 

 

Attempt possess

513g

VG

 

 

 

VG

Nil significant
13y

NPP 8y

 

 

13y

NPP 8y

AA

13y

NPP 6y 8m

 

13y

NPP 6y 8m

Involved in importation of over 2kg (pure) drug through four couriers – attempted to collect drugs from one courier  - collectors

Rocco

[2001] NSWCCA 124

Knowingly concerned in importation4.027kgVG 

13y

NPP 9y

AD
Involved in importing drug in water pump consignment – Male.

South African.

No disparity with co-offender who pleaded guilty.

Tan

(41)

[2001] NSWCCA 219

Import736gPG nil

7y

NPP 4y 6m

AD
Mere courier found with tablets taped to body.

Isolation in custody - custody of two teenage children - needed money for ill mother.

Mustafa

[2001] WASCA 192

 

(2002) 133 A Crim R 133

WASCA

 

(2002) 136 A Crim R 570

WASCA

 

Co-offenders:

PUNEVSKI (2000)

RUVINOVSKI (2000)

DIEFENBACH (1999)

Attempt possess513g
PG

(25% plea and personal factors)

Nil
12y

NPP 7y

AA

12y

NPP 6y

 

AA

10y 6m

NPP 5y 6m

 

AD

One of 7 offenders – drugs brought into Australia by 4 couriers – recruited to assist in collecting drugs from couriers – minor role

Original appeal to CA saw reduction in NPP only – Successful appeal to HCA meant matter returned to CA and sentence reduced - Final appeal to CA found mathematical error but no lesser sentence warranted

Efendi

(39)

(2001) 125 A Crim R 487

NSWCCA

Import

 

Import traff qty methylamphet

0.8kg ecstasy

 

10.7g methylamphet

VGNil

10y

NPP 6y

(5y concurrent)

AD​Indonesian national imported drugs concealed in exercise machine - courier

Tan

[2001] NSWCCA 438

Possess prohibited import6.15kg

PG

(20%)

nil

15y

NPP 9y

(JIRS summary)

AD
Arrested following AFP investigation of Singapore/Chinese syndicate.  Suitcase containing drugs found during search of A's premises.  Financial motive

Married - one child.

Chua

[2001] WASCA 353

Knowingly concerned in import6.2kg

PG

(25% on appeal)

Nil

16y

NPP 8y

AA

13y 6m

NPP 6y 9m

Collected drugs from boat docked at Broome and drove to Alice Springs – At least a major courier

Illegal immigrant – Insufficient discount for guilty plea

Van der Aar

(45)

(2001) 124 A Crim R 115

VSCA

Import697.3gPG 

7y

NPP 4y 6m

ADDrugs sent in package containing machinery – with co-offenders collected boxes and arrested in act of opening machinery – sophisticated and well planned operation – active participant

X

(35)

 

 

 

Y

(59)

 

(2002) 130 A Crim R 153

NSWCCA

2 x Consp import

 

 

 

 

2 x Consp import

 

7.1648kg Cocaine

 

24.4889kg Ecstasy

PG (58% assist)

Old but serious offence of import heroin

 

nil

7y 6m

NPP 5y

(concurrent)

 

 

5y

NPP 3y

(concurrent)

Crown AA

10y

NPP 5y

 

 

7y

NPP 3y

Conspiracy extended over 6 months – travelled to Europe to arrange for importation of drugs concealed in hydraulic rams – packed drugs themselves then monitored progress – picked up rams upon arrival in Sydney – controlled delivery

X recruited Y – not a principal but significant organisations responsibilities

Y – role less than X but still active and important contribution

Guiu

(2002) 129 A Crim R 387

NSWCCA

Attempt obtain possession10,000 tablets - 1.102kgPGnil

8y

NPP 5y 3m

AA

6y

NPP 3y 9m

Arrested after arriving to collect suitcase of 'drugs' at hotel under police surveillance.  Two co-offenders including husband for whom drugs were collected.

SJ erred in assessment of role of applicant as more culpable than merely collecting drugs.  Necessity for sentence to relate to offence charged, and for evidence to support more culpable role.

Grimwood

(41)

[2002] WASCA 135

Import1.4kgPG (22% plea and mitigating factors)Nil
14y

NPP 7y

AD

British – claimed sole involvement for commercial gain – high level of involvement

Pleaded guilty on fast track

Tyler

(30)

[2002] NSWCCA 272

Import

 

Sched:

Passport offence

947.6gPG (20% on appeal – plea and mitigating factors)minor

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 3m

Female - Imported tablets in luggage.

Good prospects of rehabilitation

Woolery

[2002] NSWCCA 299

Import

1570.2g

(30% pure)

PG

(25% plea and assist)

 7y 6m
NPP 4y 6m ​
AD
Imported powder strapped to back

Assistance to authorities

Lim

 

 

Yeung

 

[2002] NSWCCA 293

Possess prohibited import46,000 tablets - 6.15kg

VG

 

VG

 

9y

NPP 5y 4m

 

9y

NPP 5y 4m

Conviction AD

 

 

Conviction AD

Sentence AD

​Found in possession of $40,000 – drugs found in premises appellants travelling to.

Togias

(21)

(2002) 132 A Crim R 573

NSWCCA

Import967.5gPGnil5y GBB ​Crown AD​Female - Imported drugs from Bali - Courier - Subsequent to offence gave birth to daughter - Evidence suggested delay in assessment of respondent for mother/daughter facilities in gaol - Separation could cause psychological harm to child - Originally given recognisance and sent back by CCA for re-sentence

Leung

(36)

(2002) 134 A Crim R 187

NSWSC

Knowingly concerned import heroin

 

Knowingly concerned import ecstasy

10.7kg - heroin

 

51.47kg - ecstasy

VGNil

Ecstasy:

14y

 

Heroin:

18y

 

Total:

20y

NPP 14y

 ​Drugs imported from China hidden in cans of pineapple – took delivery of drugs and stored them in storage unit – controlled delivery – significant role as middleman

Niketic

[2002] NSWCCA 425

Import1.19kgPG (15%) 

7y 6m

NPP 4y 6m

AD​Imported tablets from Bali for $10,000.

Schofield

(2003) 138 A Crim R 19

NSWCCA

Attempt obtain possession

 

Sched:

2 drug offences

2.0979kg

 

60.2g

74.8g

PGon parole for mal wound

2y 6m

NPP 18m

Crown AA

5y

NPP 3y

Driver for associates picking up drugs secreted in automotive transmission

Discount for assistance

Includes table and summary of similar cases.

Soh

[2003] WASCA 29

2 x Knowingly concerned in importNot statedVG 

14y

NPP 7y

ADSlightly above courier – not clear from judgment if commercial quantity – assumed from length of sentence

De Groot Van Embden

(38)

(2003) 140 A Crim R 403

NSWCCA

Attempt obtain possess16.5kgPG (65% plea and assist)Not stated

12y

NPP 8y

AA

12y

NPP 7y

Principal Australian organiser of Dutch syndicate arranging importation of drugs into Australia – to pick up and arrange sale of drugs

Dutch citizen – father of four – significant assistance to authorities – family in witness protection – protection and isolation in gaol – anxiety for family

Simon

(37)

(2003) 142 A Crim R 166

NSWCCA

Import921.4gPG (20% on appeal)Nil

6y

NPP 3y 6m

AA

4y 6m

NPP 2y 6m

Courier – Imported drugs in body bags – Carefully planned – Expected financial reward

American – Financial difficulties – Out of character – Health problems – Evidence of rehabilitation – Insufficient discount for guilty plea

Cant

[2003] NT CCA 5

Knowingly concerned in import VG 
14y 8m

(partially cumulative to existing sentence)

AA

14y

NPP 8y 6m

Organised importation of tablets in steel cylinder. Unpacked drugs and gave them to courier for delivery – advised courier 110,000 – 112,000 tablets in importation

Subsequent to sentencing conviction from earlier sentence quashed

Evans

[2003] WASCA 194

Import686.3gVG 
14y

NPP 7y 6m

ADDrugs imported in luggage

Shepherd

(44)

(2003) 142 A Crim R 101

NSWCCA

 

Co-Offender:

PRASAD (2004)

El HANI (2004)

L. SUKKAR (2005)

J. SUKKAR (2006)

S. SUKKAR (2005)

CHOI (2007)

Knowingly concerned in import34.401kg

PG (45% on appeal for plea and assist)

Nil relevant

14y

NPP 9y

AA

11y 6m

NPP 7y 4m

(assistance)

Tablets hidden in freezer panels in packing crates on shipping container imported from Holland – Assisted by arranging importation documents and delivery to warehouse

Assistance

Balogun

[2004] NSWCCA 72

Attempt obtain possession1.323kgVGNot stated

8y

NPP 5y

AD​Internal courier – picking up package containing drugs

El Hani

[2004] NSWCCA 162

 

Co-Offender:

SHEPHERD (2003)

PRASAD (2004)

L. SUKKAR (2005)

J. SUKKAR (2006)

S. SUKKAR (2005)

CHOI (2007)

Knowingly concerned in importation 34.401kgPG (25% plea and assist)Not stated

15y

NPP 10y

AD
Involved in importation of tablets in freezer panels – Senior person playing important managerial role

Some assistance

B

(22)

[2004] WASCA 1

Aiding, abetting or procuring import2.45kg (pure)PGNil
7y

NPP 3y 6m

Crown ADIsraeli attempting to eliminate drug debt – role was to monitor courier and report back

Prasad

(2004) 147 A Crim R 385

NSWCCA

 

Co-Offender:

SHEPHERD (2003)

El HANI (2004)

L. SUKKAR (2005)

J. SUKKAR (2006)

S. SUKKAR (2005)

CHOI (2007)

Knowingly concerned import34.401kgPG 

14y

NPP 8y 8m

Crown AD

(exercise of discretion)

​Drugs imported in freezer equipment – Active and important role arranging clearing and collection of drugs – Involved because of financial equipment

Studenikin

(25)

(2004) 147 A Crim R 1

NSWCCA

Import comm.

Make false statement on entry to Australia

3.2786kgPGFraud
12y

NPP 7y

(concurrent sentence)

AA

10y 6m

NPP 7y

POST 16G REPEAL

Russian entered Australia with drugs hidden in suitcase

Remorse – reasonable prospects of rehabilitation

Kevenaar

(23)

 

 

Dedoes

(22)

 

Pan

(22)

 

(2004) 148 A Crim R 155

NSWCCA

Attempt posses5.9877kg

PG (40% plea and assist on appeal)

 

PG (35% plea and assist on appeal)

 

PG (20% plea and assist on appeal)

Minor

 

 

 

Minor

 

3y

NPP 21.5m

 

 

4y

NPP 28.5m

 

 

 

6y 6m

NPP 43.5m

Crown AA

7y

NPP 4y 6m

 

7y 9m

NPP 5y

 

 

11y

NPP 7y

POST 16G REPEAL

Dutch nationals sent to Australia to collect drugs – Less than middlemen – JP more involved than other two offenders

Some contrition and mitigating circumstances in background - Assistance

Neale

(57)

(2004) 148 A Crim R 493

NSWCCA

Knowingly concerned in import52.33kgVGDishonesty offences only

Life

NPP 21y

AA

Life

NPP 15y

Drugs imported in cases of wine bottles

Non-parole period reduced only because of age of applicant

Johnson

[2004] WASCA 207

Attempt poss

 

Attempt poss trafficable cocaine

805.2g

 

131.7g

PG 

11y 6m

NPP 5y 6m

AA

9y

NPP 4y 6m

Drugs brought into Australia from Indonesia strapped to body of courier – Controlled delivery - Paid to collect drugs and pass them on

J

(59)

 

 

H

(52)

 

(2005) 152 A Crim R 152

NSWCCA

Attempt possess16.5 kg

PG

(40% plea and assist on appeal)

 

PG

(18% on appeal)

Numerous - 15y for heroin importation

 

7y for heroin importation

 

 

 

tion

​7y 6m

NPP 4y

 

 

7y

NPP 3y 9m

 

Crown AA

9y 6m

NPP 5y 9m

 

Crown AA

9y

NPP 5y 3m

POST 16G REPEAL

Attempted to pick up consignment of ecstasy with street value of $9M – controlled delivery  – subordinate to co-offenders - J recruited 2 days before arrest – H only learnt that drugs involved on day of offence – part of large Dutch syndicate

J: reformed since release – health problems – PTSD

H: remorse – depression

S. Sukkar

[2005] NSWCCA 54

 

Co-accused:

PRASAD (2004)

SHEPHERD (2003)

El HANI (2004)

L. SUKKAR (2005)

J. SUKKAR (2006)

CHOI (2007)

Knowingly concerned34.401 kgVG 

14y

NPP 9y

Crown AD

Sentence AD

POST 16G REPEAL

Drugs imported in freezer equipment - brother involved as principal–– acting in pre-concert

Practising solicitor – good character

Millerat

(25)

[2005] NSWCCA 142

Import2.0259kgPG (25%)Nil

5y 6m

NPP 2y 9m

Crown AA

9y

NPP 4y 6m

POST 16G REPEAL

French woman paid to bring in drugs from Holland – drug addict suffering severe depression

DPP v Inbar

(23)

[2005] VSCA 116

Aid and abet import

 

2 x possess import

19kg+

 

 

0.12g

28.8g

PGNil

5y 6m

NPP 3y 3m

Crown AA

7y 6m

NPP 5y

Israeli citizen – drugs imported from Holland concealed in crates carrying chandeliers – not a principal – critical role in clearing drugs through customs – used false identities and documentation – LSD and ecstasy powder found in own room for personal use

Drug addiction – isolation in custody

C.A.S.

(31)

(2005) 160 A Crim R 451

NSWCCA

 

Co-offender:
NP (2008)

Aid and Abet importation136.913kgPG (50% overall discount)Nil

8y

NPP 5y

AD

POST 16G REPEAL

Company customs clerk arranged customs clearance for drugs imported in freezers – Provided advice – Junior but important role

Element of duress – No financial gain – High order assistance

L. Sukkar

[2005] NSWCCA 55

 

Co-accused:

SHEPHERD (2003)

PRASAD (2004)

El HANI (2004)

J. SUKKAR (2006)

S. SUKKAR (2005)

CHOI (2007)

Knowingly concerned34.401 kg

PG

(25% plea and assist)

Nil

18y

NPP 12y

AD

POST 16G REPEAL

Drugs imported in freezer equipment – co-principal and partner with brother

Nguyen

 

 

 

 

 

 

 

 

Pham

 

 

 

 

 

 

Vu

 

 

 

 

 

 

 

 

 

 

 

 

To

 

(2005) 157 A Crim R 80

NSWCCA

Knowingly concerned in import

 

Knowingly concerned in import traff. heroin

 

 

Import

 

Knowingly concerned in import traff. heroin

 

 

Knowingly concerned in import traff. Heroin

 

Knowingly concerned in import traff methylamphet

 

Convey comm. ecstasy

 

Possess

50.702kg ecstasy

 

477.8g heroin

 

 

 

 

 

 

 

 

 

 

 

 

 

38.1g heroin

 

10.4g methylamphet

PG

 

 

 

 

 

 

 

 

PG

 

 

 

 

 

 

PG

 

 

 

 

 

 

 

 

 

 

 

 

PG

No priors

 

 

 

 

 

 

 

 

No priors

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prior drug conviction

25y

NPP 18y

 

 

 

 

 

 

 

Life

NPP 25y

 

 

 

 

 

12y

NPP 8y

 

 

 

 

 

 

 

 

 

 

 

Life

NPP 20y

AA

22y

NPP 16y 6m

 

 

 

 

 

 

AA

28y

NPP 18y

 

 

 

 

AA

9y

NPP 6y 3m

 

 

 

 

 

 

 

 

 

 

AA

22y

NPP 16y

POST 16G REPEAL

All involved in importation of 50.702kg ecstasy secreted in tiles

N and P involved in importation of 477.8g pure heroin in liquor bottle

V involved in importation of 38.1g heroin and 10.4g pure methylamphetamines in letters

 

N – female – High level involvement – Experienced drug trafficker

P – Male – Principal

V – Male – Local courier – Lowest level of culpability

T – Male -

Moore

(50)

[2005] NSWCCA 212

Possess prohibited import92.442kgPG (25% plea and assist) 

20y

NPP 15y

AD

POST 16G REPEAL

Part of agreement to take possession of 980,000 tablets – leased premises and took delivery of drugs – senior and trusted member

Limited assistance

Minniti

(2006) 159 A Crim R 394

NSWCCA

Attempt possess prohibited import20kgVGNil

12y

NPP 8y

AD

POST 16G REPEAL

Ecstasy imported from Belgium in machinery - Minor but willing assistance – no financial reward

Good character

J. Sukkar

(44)

(2006) 172 A Crim R 151

NSWCCA

 

Co-accused:

SHEPHERD (2003)

PRASAD (2004)

El HANI (2004)

L. SUKKAR (2005)

S. SUKKAR (2005)

CHOI (2007)

Knowingly concerned in import34.4gPG (35% plea and assist on appeal)Prior convictions for importing hashish oil

13y 3m

NPP 8y 6m

Crown AD

20y

NPP 12y

POST 16G REPEAL

Drugs imported in freezer equipment – Principal

Assistance in relation to Netherlands associates – Delay

Z

(2006) 167 A Crim R 436

NSWCCA

Possess prohibited import

 

Money laundering offence

16.86kgPG (50% plea and assist on appeal) 

5y 2m

NPP 2y 7m

 

(2y concurrent)

Crown AA

8y

NPP 4y

 

(2y partially cumulative)

 

Total sentence:

9y

NPP 5y

POST 16G REPEAL

Israeli national travelled to Australia to assist international crime syndicate transfer money out of Australia – took delivery of Ecstasy tablets

Suffering PTSD and depression from suicide bomb in Israel – assistance to authorities

(co-offender Kauwenberghs (2008) 186 A Crim R 197 also dealt with for 3 supplies of commercial quantity of ecstasy)

Tsay

[2006] QCA 423

Knowingly concerned import

 

Knowingly concerned import traff methamphet

616g - Ecstasy

 

 

26.2kg - Meth

123.7kg - Meth

PG 

14y

NPP 10y

AD

Assisted in organised importation of drugs by boat by two co-offenders

 

Note: although the amount of methylamphetamine far exceeds the ecstasy the Customs Act contained no commercial amount for methylamphetamine until 9.12.2004, a date after this offence was committed.

Adams

[2007] VSCA 37

 

[2008] HCA 15

Possess8.916kgVGMinor drug offences in America

9y

NPP 7y

AD

 

HCA AD

American citizen - Drugs imported hidden in containers – Appellant sent to Australia to locate container and extract drugs – significant role – more than mere courier

Choi

[2007] NSWCCA 150

 

Co-accused:

SHEPHERD (2003)

PRASAD (2004)

El HANI (2004)

L. SUKKAR (2005)

J. SUKKAR (2006)

S. SUKKAR (2005)

Knowingly concerned in importation34.4kgVG 

20y

NPP 13y

AD

POST 16G REPEAL

Drugs imported in freezer equipment – Arranged importation – senior to S.Sukkar, Prasad , Shepherd and El Hani – sub-ordinate to L and J Sukkar

Granted s.16G discount

Mauceri

[2007] NSWCCA 262

Conspiracy import56.5kg
 

PG

(50% plea and assist)

Nil

8y

NPP 5y

AD

POST 16G REPEAL

Drugs imported in container of furniture – significant role in importation arrangements – motivated by financial hardship.

Assistance to authorities.

Alchikh

[2007] NSWCCA 345

Conspiracy import10.44kg

PG

(33.3% plea and assist)

 

12y

NPP 7y 3m

AD

POST 16G REPEAL

Drugs hidden in refrigerators in consignment from UK – 164,462 tablets – retail value $11.4 million – Managerial role.

NP

[2008] NSWCCA 205

 

Co-offender:

C.A.S. (2005)

Conspiracy import136.913kg

PG

(50% plea and assist)

Nil

11y

NPP 7y

AD

POST 16G REPEAL

Part of conspiracy to import drugs concealed in freezer units imported from Malaysia – middleman facilitating contact between members in Sydney

Out of character – evidence against co-offender – psychological problems – troubled family history

Keung

 

 

Bow

 

 

Liu

 

(2008) 191 A Crim R 317

NSWCCA

Conspiracy to import234.9kgVG 

Life

NPP 18y

 

24y

NPP 16y

 

21y

NPP 14y

Conviction AD

POST 16G REPEAL

Drugs imported from Netherlands concealed in pastry

DPP v Aisbett

(40)

 

DPP v Giampaolo

(56)

 

[2009] VSCA 172

Att possess500kgVG

Lengthy record

 

Record including drug offences

6y

NPP 4y

Crown ADSecreted in tiles imported from Italy – controlled delivery - collected tiles from warehouse and started unpacking – recruited days before to unpack tiles only – unaware of quantity of drugs

El Jalkh

[2011] NSWCCA 236

Conspiracy to import4.3721kgPGNil

10y

NPP 5y 3m

AD

POST 16G REPEAL

Involved in conspiracy to import drugs from Europe and Middle East through shoe importer – flew overseas to make further arrangements – drugs obtained by co-offender seized in Italy – a principal but not the driving force

Medical condition

King

[2012] NSWCCA 185

Conspiracy to import

165,000 tablets –

32kg

PG (25% plea and assist)Lengthy.  UK conviction for conspiracy supply drugs.

16y

NPP 10y

AD

POST 16G REPEAL

UK syndicate – drugs imported inside refrigerators – key organiser or very senior member.

Arrested in 2003 – delay due to A contesting extradition proceedings.

Balloey

(51)

[2014] NSWCCA 165

Attempt Possess87.44kg

PG
(15%)

 

Record – no drugs

24y

NPP 16y

AA

19y

NPP 13y

POST 16G REPEAL

Part of drug distribution group who came to Australia to distribute drugs – drugs imported in agricultural machinery – appellant provided machinery and supervised loading – unpacked drugs in Australia – 10% reduction for element of coercion

Belgian national – isolation from family

Kinch

(57 at sentence)

[2015] NSWSC 63

Hidden J

Consp import

s.233B(1)(cb)

Consp import

ss.233B(1)(b) / 11.5

Money Laundering

 

Consp import pseudoephedrine

ss.307.11 / 11.5

At least 200kg

 

 

 

 

 

 

 

300kg

PG

(30%- plea and assist

 

 

 

 

 

PG

20% - plea and assist

Record in England – burglary and robbery – no drugs​22y 6m

 

7y

(partly cumulative)

 

 

 

14y 6m

NPP 10y

(concurrent)

 

Total:

24y 6m

NPP 16y

POST 16G REPEAL

2001-2003 – two charges part of one conspiracy reflecting change in legislation – involved with Dutch syndicate – drugs imported on several occasions in PVC piping – senior and trusted member – supervisor of others – collected large amounts of money and sent it overseas

2006-2008 – became involved with senior police officer Standen – together conspired to import pseudoephedrine – principal

Old offences – spent 4y 5m in difficult custodial conditions in Thailand – troubled upbringing

 Last updated: 11/9/2017 

 

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