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
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Customs Act 1901 (Cth) (repealed 6.12.2005)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)(d): 25 years
s.233B(1)(a)(iv) - possess prohibited import
s.233B(1)(a)(vi) - possess reasonably suspected prohibited import

Trafficable Quantity         .5g
Commercial Quantity       500gm

 s.16G (CTH) Crimes Act was repealed 16.1.2003 (applies to sentences imposed after this date) 

Case
(age if known)

OffenceAmount PurePleaRecordResultAppealFacts

Dizel

(38)

NSWCCA

23.8.1996

Import40.9gPGimport 1kg cocaine to Japan.

10y

NPP 7y 6m

AD

Imported drug internally - to be paid $5,000 for importation

French.

Lim

WACCA

26.9.1997

Import

 

Visa offence

164gPGnil

6y

NPP 3y

ADCarried drugs into Australia from Singapore strapped to body on behalf of third party– no financial reward – used brother's visa

Dinic

(1997) 149 ALR R 488

Possess prohibited import159.4gPGNot stated

5y

NPP 3y

AD

Drugs imported in photo album – received in Victoria and taken to appellant in NSW – middleman

Some assistance of little value

Heryadi

(41)

(1998) 98 A Crim R 578

WASCA

Import

 

Import

 

Import

cocaine

 

Sched:

Possess cannabis resin

62g

 

48.4g

 

25.5g

 

 

 

0.4g

PGnil

4y

 

4y

 

4y

 

Total

8y

NPP 4y

AD

Indonesian – brought in drugs strapped to body – financial difficulties due to gambling

Attempted controlled delivery – good character

Bushell

(37)

NSWCCA

7.8.1998

Import

 

Import MDEA

166.77g

 

165.09g

VGminor - treated as irrelevant

7y

NPP 4y

AD

Tablets concealed in suitcase - some assistance but of limited value.

Long-standing depressive illness.

Zehavi

(23)

[1998] VSCA 81

Import45.24gPGnil

4y

NPP 2y

AD

Israeli national – 648 tablets carried internally – courier

Isolation as foreign national in custody – remorse and rehabilitation prospects

Bourel

NSW CCA

11.12.1998

Knowingly concerned in importation

 

Knowingly concerned in importation MDP-2-MB

16.3g

 

 

 

315.1g

VGnil relevant

7y

NPP 4y 6m

AD

Involved as financier.

Vulnerable period of life.

Benais

(27)

[1999] NSWCCA 236

Import61gPGnil

6y

NPP 3y

AD

Israeli national brought in drugs in suitcase and ingested - courier to be paid $7,000.

Prior good character - supporting ill mother.

Mandala

(23)

[1999] VSCA 159

Import

 

 

 

Import methylamphet

 

Import amphet

93.6g

 

 

 

54.7g

 

 

.2g

PGnil

4y

NPP 2y 9m

 

 

18m

 

 

6m

(concurrent)

AA

3y

NPP 2y

 

15m

 

 

1m

(concurrent)

Indonesian student – drugs contained as tablets hidden in bottles in luggage of appellant and friend – sentenced as a principal who sourced drugs himself

Fresh evidence of assistance

Blakeman

(41)

[1999] NSWCCA 415

Conspiracy to import25.4gVGpossession and self-administer ignored

3y 6m

NPP 2y 3m

AD

Posted drug from Germany while travelling there for other purposes.

Impressive work record - supports six children.

Spillane

(44)

[1999] NSWCCA 280

Import447.3gPGprior record - no drugs

7y

NPP 4y 8m

AA

6y

NPP 3y 6m

Irish national brought into Australia tablets in suitcase -intoxicated at time - courier.

Chronic alcoholic - some co-operation with police.

Roberts

 

 

Roberts

 

[1999] WASCA 273

Consp import

 

 

Consp import

See facts – at least maximum trafficable amountPG 

15y

NPP 8y

 

11y

NPP 5y 6m

AD

 

 

AA

8y

NPP 4y

Brothers – involved two importations and one planned importation– two importations involved thousands of tablets concealed in suitcase from Amsterdam – attempts made to arrange third importation through R(2) living overseas – sophisticated and carefully planned operation

R(1) involved for total period of two years – principal – some assistance

R(2) involved for third importation, 6 months only – co-principal in relation to third importation

Van den Akker

[1999] NSWCCA 426

Attempt export

 

Attempt export

324.8g

 

18.8g

PG

Nil

 

7y 6m

NPP 4y 6m

AD

Female searched while boarding flight to Indonesia - taking tablets to Holland for $5,000.

On appeal decided makes no difference that appellant exporting not importing - more culpable than courier.

Capper

[2000] NSWCCA 63

Knowingly concerned in importation167.1gPGPriors for possession and cultivation

5y

NPP 3y

AD

Took delivery of postal item to hold for someone else - to be paid $2,500.

Sole parent of 2 children as mother hospitalised for mental illness - children made ward of state.

Solomons

(2000) 114 A Crim R 89

NSWCCA

2 x Knowingly concerned in importation

 

Supply cannabis

 

Sched:

Possess flick knife and knuckleduster

146.5g

 

 

 

3209g leaf

PG 

8y

NPP 5y 6m

 

 

FT 9m

ADEcstasy sent in two packages – controlled delivery – received delivery and took drugs to storage facility – also found in possession of $115,000 and weapons – middleman – significant responsibility in drug importation and supply organisation

Robertson

(22)

[2000] NSWCCA 266

Knowingly concerned in import167gPGnil

3y PD

suspended after 12m

Crown AD

Picked up drugs from post box and delivered to supplier for $1,000.

Assistance to police - exceptional circumstances.

Cunningham

[2000] VSCA 144

Import

 

 

Import cannabis resin

364g

 

 

4.6g

  

5y

NPP 3y 6m

 

2m

ADDrugs packaged in small amounts and swallowed by appellant – purchased drugs in India – hoped to sell them in Australia and make profit – acting only for himself

Barany

(35)

(2000) 114 A Crim R 426

WASCA

Import312.7gPGnil

6y

NPP 3y

AD

Female – imported tablets concealed in false bottom of bag – agreed to bring in bag and deliver on behalf of man met in London – to receive $10,000

Attempted controlled delivery – in financial difficulties

Marshall

(36)

[2000] VSCA 167

Import

 

 

Import less than traff cannabis resin

 

Import less traff qty cannabis

402.4g

 

 

1.82g

 

 

 

1.21g

PGNot significant

4y 6m

NPP 3y

 

6m

 

 

 

6m

AD

Entered Australia from America with drugs concealed in clothing in suitcase and in jeans

Suffering bi-polar disorder

Shashua

(27)

[2001] VSCA 24

Consp import

 

 

Trafficking

 

Trafficking

 

Trafficking

 VG 

2y 6m

NPP 20m

 

2y

 

1y

 

2y

 

Total:

3y 6m

NPP 32m

AA

Only to take into account PSC

Made plans to have drugs imported from overseas – no drugs ever mailed because of events overseas – more dominant than co-offender

Pejovski

[2001] NSWCCA 182

Attempt obtain possession214.4gVGinsignificant record

6y

NPP 4y

AA

6y

NPP 3y 6m

Package delivered to appellant's address - passed on to co-offenders.

Good character evidence.

Ibrahim

[2001] VSCA 77

Knowingly concerned

Import

 

Knowingly concerned import

 

Knowingly concerned

Import amphet

 

 

Import methamphet

50g+

 

 

 

13.2g

 

 

 

8.4g

 

 

 

 

8g

VG

 

 

 

 

 

 

 

 

 

 

 

 

PG

nil

3y

 

 

 

3y

 

 

 

3y

 

 

 

 

3y

 

Total

4y

NPP 3y

AA

3y

 

 

3y

 

 

 

3y

 

 

 

 

3y

 

Total

4y

NPP 3y

Drugs concealed in international couriers satchels addressed to appellant – not principal

After finding appellant imported ice for personal use SJ erred in referring to max penalty of 25y – sentence for count four reduced but same total sentence imposed

Meloh

(35)

[2001] NSWCCA 211

Knowingly concerned in importation471.5gPG 

6y

NPP 4y 6m

AA

6y

NPP 3y 7m

Controlled delivery of drugs to applicant - low level operative

Refugee from Sierra Leone - remorse - raising money to bring sister to Australia.

Schmakowski

(43)

[2001] NSWCCA 395

Import410gPGnil

8y

NPP 4y 9m

AD

Imported drugs on body - treated as importer not mere courier.

Attempted to assist police in controlled delivery - German - contrition

Durant

(53)

[2002] NSWCCA 295

Import

 

 

Import cannabis resin

166g

 

 

10.9g

PG

(10%)

 

7y

NPP 4y 3m

 

18m

(concurrent)

ADImported drugs hidden in sandals in luggage and on body – more than mere courier

Muradian

[2002] NSWCCA 371

Import452.9gVG 

5y 3m

NPP 3y 6m

ADImported drugs in suitcase - Female

De Bonde

[2002] WASCA 251

Import30.7gPGnil

5y

NPP 2y 6m

ADImported drugs internally – personal use and to share

Mantese

(35)

[2002] VSCA 152

 

Co-offender: MITCHELL (2002)

Att possess478.4gPGNil

3y 6m

NPP 2y

AD

Female - agreed to accept package with concealed tablets in return for waiver of debt – courier

Prior good character

DPP v Mitchell

[2002] VSCA 151

 

Co-offender:

MANTESE (2002)

Att possess

 

Att possess

471.3g

 

478.4g

PGBreached bail

3y 6m

 

2y

 

Total:

4y 6m

NPP 2y 6m

Crown ADDrugs concealed in parcels mailed from Great Britain – second offence committed while on bail for first offence – courier permitting use of address in first offence – active encouragement but minimal participation in relation to second offence

Nai Poon

(2003) 138 A Crim R 204

NSWCCA

Import339.2gPG 

7y

NPP 4y

ADImported drugs on person - male

Salcedo

[2004] NSWCCA 430

 

Co-offender:

PHA (2004)

Import

 

Use false passport

169.9gPG 

5y 9m

NPP 3y 9m

AD

POST 16G REPEAL

Purchased drugs cheaply in Amsterdam while on holiday with co-offender – carried drugs into Australia strapped to body – principals – imported for joint use - would have sold some drugs to finance purchase

PHA

[2004] NSWCCA 445

 

Co-offender:

SALCEDO (2004)

Import

 

 

Import anabolic steroids

169.8gPG 

5y 3m

NPP 3y 6m

 

3m

(concurrent)

AD

POST 16G REPEAL

Carried drugs from Amsterdam strapped to body – co-offender also carried drugs strapped to body – principal with co-offender - decided to purchase drugs once overseas on holiday

Tsiaousis

(33)

[2005] NSWCCA 240

Aid and abet import290gPGInsignificant

8y

NPP 5y

AA

6y

NPP 3y 9m

POST 16G REPEAL

Agreed to be post box for tablets imported in hair products

Addict in debt

F

[2005] WASCA 135

Att possess65.1gPGnil

8y

NPP 4y

AA

5y

NPP 2y 6m

Drugs sent in parcel from England – controlled delivery to offender – instructed to receive parcel and deliver according to subsequent instructions

Assistance

Donnelly

[2006] NSWCCA 212

Possess

 

 

Possess cocaine

278.69g

 

 

3.9g

PGDangerous driving causing death of girlfriend

6y 9m

NPP 4y

 

11m 7d

(concurrent)

AD

POST 16G REPEAL

Imported drugs from London internally – forced to have them removed by surgery – accepted cocaine imported for personal use

Long term drug user

White

(62)

[2006] NSWCCA 340

Import101.4g

PG

(20%)

Import cannabis resin

10y

NPP 6y

AD

POST 16G REPEAL

Concealed drugs in snow skis – organiser of scheme.

Calderwood

(2007) 172 A Crim R 208

NSWCCA

Import99.1gVG 

6y 5m

NPP 4y

AD

POST 16G REPEAL

Ecstasy concealed in package – principal involved in organising consignment and attempting to collect goods

Boyd

(30)

[2008] QCA 3

Import117.6gPGNil

7y

NPP 2y 10m

AD

2,024 ecstasy tablets mailed in package from Canada – more than courier – significant role in offence

Prior good character including community and charity work – involved to repay steroid debt

 Last updated: 11/9/2017 

 

Back to Sentencing Tables Index