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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. 

 

Drugs - Supply Ecstasy - Commercial Qty

s.25(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply commercial quantity prohibited drug

s.33 Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y

Commercial quantity - 125g

Standard Non-Parole Period (offence committed on or after 1.2.2003) 10 years 

Case
(age if known)

OffenceAmountPleaSentenceAppealRecordFacts

Chin

(25)

[2003] NSWCCA 267

Supply comm

 

 

Supply cocaine

 

Sched:

GIC

478g

 

 

4.5g

PG

(20%)

6y

NPP 3y 6m

 

FT 3y

(concurrent)

ADNo significant record

Supplied ecstasy tablets over 4m period – supplied 4.5g cocaine and offered 29g over one month

Substantial gambling debts – remorse – prospects of rehabilitation

AMT

[2005] NSWCCA 151

Supply comm

 

 

 

2 x GIC

435.7g

PG

(60% plea and assist on appeal)

5y

NPP 3y

 

 

FT 3m

(concurrent)

AA

3y 4m

NPP 2y

 

FT 3m

(concurrent)

 

SNPP 10 years

Drugs found in shoulder bag carried by offender – attempting to fly to Perth

S. Vincent

[2006] NSWCCA 78

 

 

 

 

 

Co-offender:
VINCENT

Knowingly involved in supply comm

 

Supply comm

1000 tabs

 

 

 

1000 tabs

PG

(25%)

20m

NPP 15m

 

 

3y 9m

NPP 2y 6m

 

Total

5y

NPP 3y 9m

AA

16m

NPP 12m

 

3y 9m

NPP 2y 6m

 

Total:

4y 9m

NPP 3y 6m

 Sat at table while brother made agreement to supply undercover officer – did not participate in negotiations and not present when transfer of drugs took place – one month later supplied to undercover officer in separate transaction.

Smith

(18)

[2006] NSWCCA 129

 

 

 

Co-offender:

BCC

Supply comm160g

PG

(25%)

2y

NPP 1y

Crown AD

 

Nil significant

SNPP 10 years
Involved in supply of ecstasy in car park of MacDonald's – seller for more senior person – not isolated offence

Reasonable prospects of rehabilitation – remorse

Sentence inadequate but court exercised discretion to dismiss - NPP already expired -  New sentence would only be slightly longer by a few months: at [44].

BCC

[2006] NSWCCA 130

 

 

Co-offender:
SMITH

Supply comm160g

PG

(50% plea and assist)

2y

NPP 18m

Suspended

Crown AD

 

Nil

SNPP 10 years
Involved in supply of ecstasy in car park of MacDonald's – seller for more senior person

Assistance – death threats – good character – prospects of rehabilitation – remorse.

Sentence inadequate but court exercised discretion to dismiss – NPP already expired.

Sorbello

(38)

[2006] NSWCCA 225

Supply comm

 

Sched:

Poss methylamph

Possess cocaine

488.8g

 

 

2.38g

 

1.38g

PG

(20%)

8y

NPP 5y

AA

6y

NPP 4y

Nil

SNPP 10 years
Picked up drugs for dealer

Suffered depression after forced resignation due to skin disease – used drugs to provide pain relief – good prospects of rehabilitation – remorse

Appeal allowed on parity ground.

J. Vincent

[2006] NSWCCA 276

 

 

 

 

 

 

 

 

 

Co-offender:

VINCENT

Supply comm

 

 

 

Supply comm

 

 

Sched:

Supply MDMA

Deemed supply cocaine

Possess amphet

Possess proh weapon.

247.8g

 

 

 

326.3g

 

 

 

275g

80.7g

 

0.48g

PG

(20%)

20m

NPP 15m

 

 

4y

NPP 2y 3m

 

Total:

5y 3m

NPP 3y 6m

Crown AA

4y

NPP 2y

 

6y

NPP 3y

 

Total:

8y

NPP 5y

 

SNPP 10 years (second offence only)

Supplied drugs on three occasions to undercover police officer over 15 months (third supply of 275g on schedule) – part of ongoing distribution - significant business of acting as wholesaler of drugs on substantial scale - business extended to a number of different kinds of drugs - attended by degree of threat of violence generally associated with drug trade - substantial, planned operation in which offender played critical role.

J.R.D.

(56)

[2007] NSWCCA 55

Supply comm

 

 

 

Receiving

 

 

Credit card fraud

 

Sched:

2 x Receiving

250g

PG

(55% plea and assist on appeal)

2y

NPP 18m

 

 

2y

NPP 18m

 

FT 12m

 

suspended

Crown AA

2y

NPP 16m

 

FT 10m

 

 

FT 2.5m

 

Total:

3y 15d

NPP 2y 4m 15d

Extensive but old

SNPP 10 years
Supplied drugs – sought to sell crates of stolen vodka – used false documents to obtain loan for motor vehicle

Physical and mental health problems – assistance

Hutton

(44)

[2008] NSWCCA 99

Supply comm478g

PG

(25%)

6y

NPP 3y

ADMinor

SNPP 10 years
Flew to Sydney from Queensland to pay for and pick up drugs – courier – lower end of scale of seriousness

Remorse – drug addict and had succumbed to temptation to obtain drugs

Kumar

(24)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Feagaiga

(27)

 

[2008] NSWCCA 328

Knowingly take part in supply comm

 

Knowingly take part in supply comm

 

Knowingly take part in supply comm

 

Knowingly take part in supply comm methamphet

 

 

 

Supply comm

 

 

Supply comm

 

 

Supply comm

 

 

Supply comm.  Methyamph

 

3 x Supply cannabis

 

Supply amphet

 

2 x Supply Ecstasy

196.34g

 

 

 

255.51g

 

 

 

252.27g

 

 

 

204.7g

 

 

 

 

 

 

196.34g

 

 

255.51g

 

 

252.27g

 

 

204.7g

 

 

2oz / 2oz / 3 oz leaf

 

0.2g

 

3 / 4 tablets

PG

(25%)

3y

NPP 21m

 

 

4y

NPP 2y

 

 

4y

NPP 2y

 

 

4y

NPP 2y

 

Total:

6y

NPP 4y

 

3y

NPP 2y

 

4y 3m

NPP 2y 3m

 

4y 3m

NPP 2y 3m

 

4y 3m

NPP 2y 3m

 

FT 2m

 

 

FT 2m

 

FT 2m

 

Total

6y 3m

NPP 4y 3m

Crown AA -

5y 6m

NPP 4y 3m

 

6y

NPP 4y 6m

 

 

6y

NPP 4y 6m

 

 

6y

NPP 3y

 

Total:

11y

NPP 8y

 

5y 6m

NPP 4y 3m

 

6y

NPP 4y 6m

 

6y

NPP 4y 6m

 

6y

NPP 3y

 

FT 2m

 

 

FT 2m

 

FT 2m

 

Total:

11y

NPP 8y

Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assault, malicious damage

 

SNPP 10 years
K's passed drugs to F shortly before F supplied to undercover police officer – F made further supplies to members of public - Both engaged in substantial commercial operation for profit - offences "a little below mid-level" - quantities closer to bottom of ranges for commercial quantities

K - good character – drug abuse – good rehabilitation prospects

F - drug abuse – good rehabilitation prospects

Barlow

(19)

(2010) 204 A Crim R 111

NSWCCA

Supply 

PG

(40% plea and assist)

2y 6m

NPP 15m

Periodic Detention

AA in part to allow for sentencing error:-

2y 4m

NPP 13m 2w

Periodic Detention

(44 days PSC)

Nil

SNPP 10 years
Parents telephoned police after finding large amount of money in offender's car - no actual detection of drugs - volunteered to police that $120k was from sale of 10,000 ecstasy tablets – stated that sale of drugs was out of fear due to debt owed from drug deal that did not eventuate  – middleman - not for financial gain.

Very strong subjective features – youth, naïve, full assistance to police where no drugs actually found – remorse - considerable rehabilitation - very supportive family.

SJ erred in imposing sentence partly comprised of backdated period of full-time custody, with balance to be served by way of periodic detention.

O'Brien

(19-20)

[2010] NSWCCA 297

 

 

 

 

 

 

Co-offender:

ELLIS

LOCKE

MCKELLAR

Supply comm

 

 

 

Supply comm

 

 

Supply comm

 

 

Supply less commercial

170.75g

 

 

 

282.42g

 

 

296.1g

 

 

53.72g

PG

(25%)

6y 6m

NPP 3y 6m

 

 

8y 6m

NPP 4y 6m

 

8y 6m

NPP 4y 6m

 

FT 3y

 

Total

12y 6m

NPP 8y 6m

AA

6y

NPP 3y 6m

 

8y

NPP 4y 6m

 

8y

NPP 4y 6m

 

FT 3y

 

Total

9y 6m

NPP 6y

minor

SNPP 10 years
Involved in drug distribution network - 2 co-offenders involved in street dealing – sourced drugs from offender and another co-offender – number of supplies to dealers and undercover operatives over several months – found in possession of smallest amount of drug on arrest – senior role in drug distribution – high end range of middle of range

Drug addiction

McKellar

(20)

[2010] NSWCCA 295

 

Co-offender:

ELLIS

LOCKE

O'BRIEN

Supply comm

 

 

 

Supply less commercial

 

Sched:

Proceeds of crime

190.25g

 

 

 

19.01g

PG

(25%)

5y

NPP 3y

 

 

FT 18m

 

Total:

6y

NPP 4y

AA

5y

NPP 3y

 

FT 18m

 

Total:

5y 3m

NPP 3y 3m

nil

SNPP 10 years
Involved in drug distribution network – sourced drugs for street dealer – supplied drugs in 35 transactions over 6 months – found in possession of smaller amount and $6,000 on arrest

Father to young son – remorse – good prospects of rehabilitation – unlikely to re-offend – drug user

Locke

(19)

(2010) 207 A Crim R 34

NSWCCA

 

Co-offender:

ELLIS

MCKELLAR

O'BRIEN

Supply comm

 

 

 

Supply comm

 

 

s.25A

 

Supply less commercial

296.1g

 

 

 

360.28g

 

 

20.62g

 

83g

 

PG

(25%)

7y 6m

NPP 4y

 

 

8y 6m

NPP 4y 6m

 

FT 3y

 

FT 4y

 

Total:

11y 6m

NPP 7y 6m

AA

6y

NPP 4y

 

7y 6m

NPP 4y

 

FT 3y

 

FT 4y

 

Total:

9y

NPP 5y 6m

minor

SNPP 10 years
Involved in drug distribution network –street dealer – multiple transactions over several months – offences at high end of mid-range

Drug and alcohol problem

Ellis

(19)

(2010) 206 A Crim R 266

NSWCCA

 

Co-offender:

LOCKE

MCKELLAR

O'BRIEN

Supply comm

 

 

 

Supply comm

 

Supply less commercial

417.32g

 

 

 

296.1g

 

54.5g

PG

(25%)

8y 6m

NPP 4y 6m

 

 

9y

NPP 5y

 

FT 2y 6m

 

Total:

10y 6m

NPP 6y 6m

AA

7y

NPP 4y

 

7y 6m

NPP 4y

 

FT 2y 6m

 

Total:

8y 6m

NPP 5y

nil

SNPP 10 years
Involved in drug distribution network –street dealer – multiple transactions over several months – offences at high end of mid-range

Sentence reduced by 6m to take into account time at residential rehabilitation program – drug addiction

Rae

(37)

[2011] NSWCCA 211

Supply comm249.2g

PG

(25%)

5y 6m

NPP 2y

ADPossess

SNPP 10 years
Female negotiated supply of 1,000 ecstasy tablets to undercover police officer – obtained drugs from co-offender – unaware powder supplied contained no prohibited drugs – conversations include possibility of on-going supply – commercial gain – just below mid-range

Drug addiction – good prospects of rehabilitation

LMN

[2012] NSWCCA 52

Supply comm

 

Supply comm

 

PG

(25%)

FT 3y

 

8y

NPP 4y

 

Total

8y 6m

NPP 4y 6m

AD 

SNPP 10 years
Facts not provided.

Issue on appeal related to assistance to authorities.

Farrell

(26)

[2012] NSWCCA 245

Supply comm229.44gVG

9y

NPP 6y 9m

AA

6y 6m

NPP 4y

Minor dishonesty offence

SNPP 10 years
Source of drugs supplied by co-offender to undercover police officer on four occasions

Financial profit - Parity

Perdija

(21)

[2012] NSWCCA 244

Supply comm

 

 

Supply comm

 

Supply comm

 

Supply comm

 

Sched:

13 offences

277.6g

 

 

294.9g

 

214.9g

 

2000 tablets

PG

(25%)

5y 6m

NPP 2y 9m

 

 

5y 6m

NPP 2y 9m

 

5y 6m

NPP 2y 9m

 

7y 6m

NPP 3y 9m

 

Total

9y 9m

NPP 6y

AA

5y 6m

NPP 2y 9m

 

5y 6m

NPP 2y 9m

 

5y 6m

NPP 2y 9m

 

5y 6m

NPP 2y 9m

 

Total:

7y

NPP 4y 3m

Nil

SNPP 10 years

Sold drugs to undercover police officer on three occasions – on final occasion offered to sell 2000 tablets- facilitator – middle of low range

Drug use caused by stressful events – good rehabilitation – genuine contrition – good character

Robinson

(59)

[2012] NSWCCA 26

Supply comm

 

 

Supply less comm qty methamphet

125.42g

 

 

115.5g

VG

9y

NPP 4y 6m

 

 

6y

NPP 3y

 

Total:

9y

NPP 6y

AA

9y

NPP 4y 6m

 

6y

NPP 3y

 

Total:

9y

NPP 5y

Fraud and drug offences

SNPP 10 years
Female – drugs found in house belonging to offender's absent son - $15,000 found with drugs – warehouser for commercial gain – low purity – beneath mid-range

Allen

[2014] NSWCCA 193

Supply comm

1000 tablets - 304.7g

(purity 14%)

PG

(25%)

2y 9m

NPP 1y 8m

AD 

SNPP 10 years
Drove R to Sydney to purchase drugs – hid drugs in car – stopped by police – showed police where drugs hidden – knew that he was driving R for an illegal purpose – to be paid $500 – courier.

Good character – supportive family.

Kassis

(29)

[2013] NSWCCA 298

Supply comm

 

 

Supply

 

Sched:

Proceeds

Possess restricted substance

997.5g

 

 

24.6g cocaine

PG

(25%)

8y 6m

NPP 5y

 

FT 15m

 

Total:

9y

NPP 5y 6m

ADNil

SNPP 10 years
Drugs and $8,000 found in unit – 82.5% purity – role was to at least store drugs that would be made into ecstasy pills – part of drug distribution

Elsaj

(40)

[2017] NSWCCA 124

s.193B(2)

 

 

s.193B(2)

 

Supply comm qty ecstasy

 

Supply comm qty cocaine

 

Supply cocaine

 

Sched:

6 possession offense

 

 

 

 

 

489.49g

 

 

999.5g

 

 

45.8g

PG

(25%)

Indicative

5y 6m

 

2y 6m

 

9y 9m

NPP 6y 6m

 

10y

NPP 6y 9m

 

3y 6m

 

Agg:

16y

NPP 11y 9m

ADpriors – no drug offences

SNPP – 10 years
Supplied ecstasy tablets to co-offender over two months period – tablets supplied to under-cover operator – on arrest found in possession of $113,145 cash and compressed cocaine buried in back yard – while on bail search of house found 45.8g cocaine and other drugs and $52,000 cash in garage - well up in drug hierarchy – amount of cash suggests additional drug supplies – premeditated offences for financial gain

Violent and traumatic childhood in Lebanon

Zuffo

(22)

[2017] NSWCCA 187

Supply comm

 

 

s.25A Ecstasy

 

Sched:

Supply ecstasy

260g

 

 

167.5g

 

 

100g

PG

(10%)

5y

NPP 2y 6m

 

FT 18m

 

Total:

5y 3m

NPP 2y 9m

ADMinor drug and driving offences

SNPP 10 years
Dealt in drugs to support habit – agreed to sell 1,040 pills and 400 pills to two separate persons – supplied 670 pills to multiple persons on four occasions over three weeks

Difficult childhood – bullied at school leading to low self-esteem – drug abuse started at 18y – evidence of rehabilitation – unlikely to reoffend

Last updated: 24.4.2018