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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

     

Drugs - Amphetamine/Methylamphetamine

Multiple supply:   s.25A
s.25A(1) Drug Misuse and Trafficking Act 1985 (NSW)
supply prohibited drug on 3 or more occasions during 30 consecutive days
Maximum penalty 20 years  

 

Case
(age if known)

OffenceAmountPleaSentenceAppealPriorsFacts

Smiroldo

(23)

(2000) 112 A Crim R 47

s.25A

.37g

.49g

.86g

26.7g

PG

MT 2y 6m

AT 2y

ADnil drugs

Engaged in small scale but systematic business of supplying drugs from garage - usually sold small amounts but prepared to sell larger amounts if required.

Addicted to drugs and some attempt at rehabilitation.

On appeal - factors to consider include quantity supplied and magnitude of business.

Bacon

(26)

(2000) 120 A Crim R 28

s.25A

13.53g

27.6g

27.4g

PG

MT 2y

AT 1y

 

+ 3m PSC

(cumulative to 6m sentence for assault)

AA

3y

NPP 18m

prior convictions including drugs

Sold amphetamine to undercover police officer on three separate occasions during one month period - very low purity.

Ceased involvement voluntarily prior to arrest.

Handley

[2001] NSWCCA 311

s.25A PG

3y 1m

NPP 18m

ADinsignificant

Admitted to supplying amphetamines on regular basis over 18months - related offences taken into account on sentence - offence committed partly to support habit and partly for profit.

Some rehabilitation - bravery award - hardship to spouse and children

Hofer

(47)

[2001] NSWCCA 544

s.25A

 

Sched:

Possess cannabis

15.5g

 

 

 

62g

PG

5y

NPP 3y

AA

4y

NPP 2y 4m

prior drug conviction - first imprisonment - on recog at time of offence

Supplied to undercover police officer - cannabis found at home - had been selling drugs from service station he owned for some time - business failing

Had voluntarily given up supply prior to arrest

McArthur

[2002] NSWCCA 390

s.25A

 

Sched:

Possess cannabis

0.9 - 1g on each occasion

PG

(22%)

14m

NPP 7m

AA

10m

NPP 5m 20d

(to expire immediately)

minor record

Female - Sold drugs to undercover police officer on four occasions - assisting ill friend.

Contrition - sole responsibility for 4 children - voluntary work - good work record - fresh evidence of hardship to children and custody issues

Fogg

(54)

[2002] NSWCCA 395

s.25A26.24g (1.5% purity)

PG

(20%)

4y 4m

NPP 3y

AA

3y 6m

NPP 2y 3m

drugs, property, violence

Sold drugs to undercover police officer on six occasions over three week period.

Sentences excessive.

Jolevski

[2002] NSWCCA 472

s.25A

 

Sched:

Possess drug

8.37gPG

18m GBB (s.9)

Fine $3,000

Crown ADnil

Supplied drugs to undercover officer - never supplied to any other person - involved because of pressure from operative

Impressive character evidence - genuine remorse - effect on career - immature and impulsive - exceptional case

Connell

(50)

[2003] NSWCCA 90

s.25A

 

Sched:

related offences

3 x 3.5g

55g

PG

(25%)

4y

NPP 2y 6m

ADproperty, dishonesty, drugs (no supply), drivingSupplied drugs to undercover police officer - motivated by greed

Meres

[2003] NSWCCA 193

s.25A

 

Sched:

4 related offences

 

PG

(13%)

4y 9m

NPP 3y

(+6m PSC)

ADBad record for possession, violence, driving, dishonestyInvolved in thriving and busy operation from house close to school.

Kamminga

(49)

[2003] NSWCCA 337

s.25A

8.1g

7.4g

6.6g

PG

6y

NPP 3y

AA

3y

NPP 2y

Nothing until aged 46 – drug offences

Supplied to undercover police officer – other drug related behaviour observed

Suffering chronic affective disorder seriously affecting lifestyle and financial situation

Frazer

[2004] NSWCCA 111

s.25A

 

Sched:

6 offences

OngoingVG

5y

NPP 3y

AD Joint criminal enterprise to supply methylamphetamine on an ongoing basis.

Grbin

(38)

[2004] NSWCCA 220

s.25A

 

Sched:

5 drugs offences

1.19g

1.11g

1.70g

PG

(25% on appeal)

2y 8m

NPP 2y

AA

2y 8m

NPP 1y

Old record

Security guard at gate of army barracks supplied to undercover police officer – indicated could provide other drugs

Evidence of good character – married with three children – psychological problems suffered by youngest son constitute exceptional circumstances

Cheikh

(25)

 

 

 

Hoete

(26)

 

[2004] NSWCCA 448

4 x s.25A

 

Sched:

5 x s.25A

 

4 x s.25A

 

Sched:

16 supply offences

 

PG

(15% on appeal)

 

PG

(25%)

8y

NPP 5y

 

 

 

6y

NPP 3y 6m

Crown AA

15y

NPP 10y 2m

 

 

Crown AA

8y

NPP 5y

Not serious

 

 

 

 

No prior custody

C managed drug syndicate supplying over 7 months – H a runner

Thorburn

(20s)

[2005] NSWCCA 71

s.25A4.8gPG

12m

NPP 3m

Crown AD 

6 sales to undercover police office – drug dealing equipment found at premises

Acquired brain impairment – ADHD – alcohol and drug abuse – undergone D & A counselling

Nimmo

(23)

[2005] NSWCCA 295

s.25A63.48g (85% pure)

PG

(33.3%)

3y 4m

NPP 2y 6m

ADRecord - breach of bond - no prior custody

11 separate sales worth $30,000 – no further facts

Good work history – strong family and community support – drug problems

Majzoub

(24)

[2006] NSWCCA 128

s.25A1.2g

PG

(20%)

4y

NPP 2y

ADPriors included drug offences

Supplied to undercover police officer

Drug addiction

Murphy

(30)

[2006] NSWCCA 417

s.25A

 

Sched:

9 offences

Small amounts

PG

(20%)

2y

NPP 15m

(originally suspended – suspension revoked after appeal)

Crown AD

AD

Minor

Female – involved in drug dealing with male co-offender – lesser offender

Addict as a result of injuries in car accident – remorse – good character evidence – sentence breached by continued use of drugs and failure to report

Reed

[2007] NSWCCA 4

s.25A9.13gPG

2y

NPP 12m

PD

AA

18m

NPP 6m

PD

 Female with infant child – 91 days pre-sentence custody – 6 months rehabilitation centre

Shaaban

[2007] NSWCCA 115

s.25A

 

Sched:
6 offences

 PG

4y

NPP 2y

AD 

Supplied methylamphetamine and ecstasy

Addiction

Osman

(18)

[2008] NSWCCA 157

4 x s.25A

 

Sched:

Similar matters

 

PG

(10%)

15y

NPP 9y

ADDrug offences – breached bond

Involved in drug syndicate selling methylamphetamines over 7 months – supplied drugs to street dealers

Problems with eyes

Lozanovski

(23)

[2009] NSWCCA 123

s.25A900 tablets (126.8gm)

PG

(25%)

3y 9m

NPP 2y 3m

AA

3y

NPP 1y 9m

Nil

Supplied to undercover officer during two-week period – mid-level supply – supporting own drug addiction – prepared to supply as a wholesaler to wholesalers as well as a retailer

Parity – serious drug addiction.

Gore

(2010) 208 A Crim R 353 

s.25A

 

Sched:

11 related offences

0.43g

0.91g

0.47g

0.92g

PG

(25% on appeal)

7y 6m

NPP 5y 7m 12d

AA

4y 6m

NPP 3y 4m

Lengthy record including drug offences

With girlfriend involved in ongoing business of supplying amphetamine from house – one rung up from street supplier - house fortified – readily available to supply drugs

Co-offender Hunter sentenced for supply offences

Farkas

(44)

[2014] NSWCCA 141

s.25A

 

Sched:

3 x supply cannabis and amphetamines

Knife offence

38.09g

(total)

PG

(10%)

4y 6m

NPP 2y 6m

AA

3y 7m

NPP 2y

Lengthy but no supply drugs and no custody – breached bond

Supplied to undercover police officer – retailer more than courier – received drugs as reward - 9-12% purity

Difficult childhood – mental illness and drug use

On appeal - error in finding normal street purity was 3-5% - error in finding offence committed to reduce drug debt

Greer

(68)

[2015] NSWCCA 312

s.25A

 

 

 

s.25A heroin

Approx 1-2g on 9 occasions

 

Approx 23g

VGSignificant - supply drugs

7y

NPP 3y

 

 

7y

NPP 4y

 

Total:

10y

NPP 6y

AA

7y

NPP 4y

 

7y

NPP 4y

 

Total

8y

NPP 5y

Two offences of ongoing supply during same period but of different drugs - heroin charge based upon 23 occasions of supply to two customers and undercover police officer - meth supplied to single customer on 9 occasions - substantially involved in business of drug dealing.

Age – health

OGC

[2016] NSWCCA 254

s.25A

 

Sched:

Supply drugs

Possess drugs

2 x Possess unreg firearm

20.9g

PG

(25%)

3y

NPP 2y 3m

AD Supplied to undercover police officers – received $6,900 in payment.

Ejefekaire

(31)

[2016] NSWCCA 308

s.25A

 

Sched:

4 offences

 

PG

(25%)

1y 10m

ICO

Crown AA

2y 4m

NPP 1y 9m

Lengthy – breached bail

Substantially involved in supplying ice over several months – large number of street deals – 10-20 regular customers

Financial gain – need for substantial supervision

Linden

(34)

[2017] NSWCCA 321

s.25A

 

 

s.25A

 

Sched:

Supply

 

PG

(25%)

FT 12m

 

 

3y

NPP 15m

 

Total:

3y 3m

NPP 18m

AA

1y 10m

 

1y 3m

 

 

Total:

2y 2m

NPP 10m 28d

Driving offence

Female engaged in organised distribution of drugs over nearly two months – use of code – found in possession of 27.7g methamphetamines – slightly below mid-range

Single mother – subjected to sexual abuse and violence as a child resulting in drug abuse – subsequent violence in relationship caused significant psychological problems – eldest son suffering PTSD – spinal injury – effect of imprisonment on children

Wong

(26)

[2018] NSWCCA 20

s.25A

 

 

 

s.25A

 

s.25(1)

 

s.25(1)

 

s.25(1) (cocaine)

 

Sched:

Direct criminal group s.93T(4A) Crimes Act

27.96g - 55.8g

 

 

55g-100g

 

27.97g

 

55.8g

 

167.1g

PG

(25%)

Indicative:

22m

 

 

24m

 

9m

 

12m

 

12m

 

Total:

4y 6m

2y 5m

Crown AA

Indicative:

34m

 

40m

 

15m

 

20m

 

28m

 

Total:

6y

NPP 4y

 5 occasions of supply to undercover officer of methylamphetamine between May 2016 and June 2016 in public car parks in various locations - 5 occasions of supply of methylamphetamine and cocaine from June 2016 to July 2016 in house and public car park - below mid-range.

Elliot

[2018] NSWCCA 69

s.25A

 

 

 

s.25(1)

 

s.166 Cert:

s 36Y(1)(a) DMTA

6.125g

 

 

 

7.28g

PG

(25%)

2y 8m

NPP 1y 8m

 

 

18m

 

Total:

3y

NPP 2y

AA

2y 6m

NPP 12m

 

18m

 

Total:

2y 10m

NPP 1y 10m

Not extensive

Three of five supplies involved 6.125g methamphetamine - two supplies involved 100mg fentanyl patch and buprenorphine strip - telephone intercepts showed regular communication between offender and two other offenders discussing and facilitating supply – 7.28g of methamphetamine located at offender's premises during search

Insight into drug offending – remorse - rehabilitation "guarded" given age and duration, albeit intermittent, of drug addiction – supportive relationship

On appeal - error in finding s.25A count aggravated because it involved planning and organised criminal activity

Last Updated: 26.4.2018