Back to Top

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

 

Drugs - Cannabis - Supply Less than Commercial Quantity

s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug less than commercial amount
s.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10y (where plant or leaf)
Commercial Amount: leaf - 25 kg; plant - 250    

Case
(age if known)

OffenceAmountPleaOriginalAppealPriorsFacts

Vermuelen

NSWCCA

30.3.1994

Supply leaf

2.4kg

($16,000)

VG

MT 15m

AT 5m

ADminor matters: no trafficking

Drug found in car when breath tested - also had bags used for distribution.

Cannabis user - reasonable prospects of rehabilitation

Gillett

(21)

NSWCCA

8.7.1994

Supply leaf330.5gPG

MT 6m

AT 18m

AA

MT 5m

AT 12m

Poor - fined for possess 3 weeks prior

Often purchased drug and supplied to friends for no payment.

Neurological problems due to car accident and assault - problem with drugs and alcohol.

McWilliams

(49)

NSWCCA

1.8.1994

Supply leaf

 

Sched:

3 x supply cannabis

Varied - on one occasion 1kgVG

MT 18

AT 6m

AD

possess cannabis

committed on recog

Taped telephone conversation agreeing to supply on various occasions.

Edmondson

NSW CCA

2.8.1994

Supply leaf1660gVG500hrs CSO

Crown AD

Unduly lenient but exercised discretion

cannabis offences

on bond for cannabis cultivate

Drug found in house.

Extremely heavy user - evidence of rehabilitation, including abstaining from cannabis and purchasing and operating a bakery.

Nestoroski

(34)

NSWCCA

4.10.1994

2 x supply leaf

 

Sched:

4 offences

433g

 

2.2 kg

PG

18m PD

3y GBB

Crown AD

Unduly lenient but court exercised discretion

nil

Supplied to u/cover police officer - middleman in supply of cannabis.

Good subjectives.

Iskander

NSWCCA

26.10.1994

Supply leaf1516.3gVG250h CSOConviction AD Plants and leaf found at house.

Ortiz

NSWCCA

3.11.1994

Supply leaf

 

Sched:

2 offences

3.6424kgPG200h CSO

Crown AD

Unduly lenient but court exercised discretion

4 x summary offences

Drugs found in home wrapped in bags, with other equipment.

Severely addicted.

Abernethy

(47)

NSWCCA

6.12.1994

Knowingly take part in supply leaf VG

MT 3y

AT 1y

ADsupplyCannabis and equipment found at offender's house - engaged in large scale commercial operation.

Deboer

NSWCCA

7.12.1994

Supply leaf

 

Supply cannabis

 

Sched:

Possess unlicenced firearm

not statedPG

MT 3y

AT 1y

AA

MT 12m

AT 12m

 

Little facts.

Police Officer - psychiatric evidence of personality disorder

Regan

NSWCCA

30.3.1995

2 x Supply leaf

421.5g

 

15kg

(offer)

PG

6m PD

3y GBB

Crown AA

FT 6m

(+2m PSC)

robberies

of good behaviour for several years

Cannabis sold to undercover police for $4,800 - negotiations for 15kg broke down - not a matter of mitigation even if talk of supplying 15kg was huff and puff

Green

NSWCCA

4.8.1995

Supply leaf482.9gVG

MT 9m

AT 3m

ADdrugs

Deemed supply.

Long term chronic user of heroin.

Sokvari

NSWCCA

22.5.1996

Supply leaf1018.2gVG

MT 18m

AT 12m

AD 

Observed by police supplying – 5 plastic bags found at house

Appeal based on assault in gaol after sentence.

Velardi

NSWCCA

24.5.1996

Knowingly take part in supply leaf VG

MT 4y 5m 7d

AT 18m

AD Involved with son in supply to undercover police

Pont

NSWCCA

29.5.1996

2 x Supply leaf

3.2kg

2.4kg

PG

MT 2y 6m

AT18m

AD

upper end of scale

 3.2 kg found in car - attempting to sell it door to door - 2.4kg found at house - absence of normal indicia of long-term trafficking - not person engaged in long term dealing.

Johns

NSWCCA

22.8.1996

Supply leaf

 

Sched:

2 offences

$48,000-$100,000PG

MT 10m

AT 10m

 

(1/3 discount for assist)

ADdrugs, on recog at time of offenceFemale - drugs found in house in plastic bags - street level drug trafficker - admitted supplying 8oz per week for last 3-6 months.

Joseph

 

 

 

 

Wright

(female)

 

NSWCCA

16.12.1996

Supply leaf

 

Sched:

Supply amphet

 

Supply leaf

 

Sched:

Supply amphet

a few poundsPG

MT 18m

AT 6m

 

 

 

MT 18m

AT 6m

AA

MT 15m

AT 5m

(parity)

 

AD

Minor and old

 

 

 

 

Long history, including gaol

Listening devices recorded transactions - difficult to ascertain amounts.

Garvie

(40)

NSWCCA

24.3.1997

Supply leaf14.14kgPG5y GBB

Crown AA

MT 12m

AT 5m

priors including minor drugs

Drugs found in car ready for supply - admitted taking drug to Sydney to find buyer.

Back injury and family in South Australia.

On appeal:  appropriate sentence would be total two and a half to three years.

O'Brien

NSWCCA

7.4.1997

Supply leaf

 

Sched:

4 offences

6.6gVG

MT 1y

AT 1y

MT 11m

AT 12m

(parity)

drugs but no prisonInvolved in dealing with co-offender - police found heads and seeds at house.

Heffernan

NSWCCA

8.4.1997

Supply leaf1.8kg 

MT 15m

AT 15m

AD Supplied undercover police officer

Dematre

(23)

NSWCCA

16.5.1997

Supply leaf946gVGFT 6m

AA

12m PD

BES – breached CSO and bond

Found in car after police chase.

Good character evidence.

On appeal argued parity with co-offender.

Bradshaw

(35)

NSWCCA

4.8.1997

3 x Supply cannabis

1kg

1oz

1oz

VG

MT 12m

AT 4m

ADnil drug

Drugs and equipment found at house – admitted purchasing 3pd and sold two 1oz amounts - committed for financial gain.

Heavy user of cannabis for long time.

Doctor

NSWCCA

20.5.1998

Supply leaf

 

Sched:

GIC ($15,000)

12 lbsPG300hrs CSO

Crown AA

18m PD

 

Involvement on the periphery - transported drugs from SA to NSW

On appeal - CSO completed

Warner

(53)

NSWCCA

2.12.1998

Supply leaf

 

Sched:

4 offences

3.493kg - $90 000 street valuePGFT 12mADnil

Supplied cannabis only to friends - not for profit.

Suffers depression and suicidal tendencies - received death threats in gaol - serving sentence on protection.

Shepherd

[1999] NSWCCA 162

Supply PG

MT 9m

AT 1y

ADnil

Amount not stated but could have been dealt with in Local Court - role of 'go-between'.

Prior good character - good subjective features - fully employed.

Hewitt

[1999] NSWCCA 264

Supply leaf

 

Sched:

3 offences

445gPG

MT 12m

AT 12m

ADnilDrugs found during search of house - total value of drugs - $22,620.

AMD

(40)

(1999) 107 A Crim R 518

2 x Supply leaf

446g

9061g

PG3y PDCrown ADDrugs, firearms

Supplied leaf receiving $3600 - supplied more after agreeing to sale for $60,000.

Employed - stable domestic relationship with children - ongoing assistance to authorities involving large number of offenders.

Taylor

[1999] NSWCCA 309

Supply leaf3.15kgVG

MT 9m

AT 18m

Conviction AD Arrived from Adelaide with cannabis in luggage.

Elomar

[2000] NSWCCA 431

Supply cannabis

 

Sched:

6 offences

359.3gPG

MT 9m

AT 1y 9m

AA

MT 9m

AT 1y 3m

23 prior convictions - some serious.

Offence committed on parole

Cannabis found at appellant's home.

Lennan

(28)

[2001] NSWCCA 17

2 x Supply cannabis leaf

5,783g

671.5g

PG

3y

NPP 12m

ADnilSold cannabis more than 70 times over one month period – police found second amount of cannabis in shed during search.

Hagopian

(29)

[2001] NSWCCA 149

Supply leaf

 

Sched:

2 offences

657.9gPG

2y 8m

NPP 2y

ADprior conviction for similar offenceObserved by police to supply cannabis - found in possession of amphetamines and $1188 - caller to applicant's mobile phone sought to arrange another supply - not an isolated offence

Teuma

(27)

[2001] NSWCCA 369

Supply

 

Sched:

2 offences

10kg

PG

(25%)

3y

NPP 1y

ADtreated as first offenderFound in possession of 10kg of cannabis heads - admitted involvement in supply.

Saldaneri

[2001] NSWCCA 480

Supply cannabis5017.5gm

PG

(16%)

20m

NPP 15m

ADdrugs, propertyDrugs found during police search of offender's premises.

Canino

(40)

[2002] NSWCCA 76

Knowingly take part in supply17.3kgPG2y suspended

Crown AA

2y

NPP 9m

 Involved in bring drugs from SA to NSW to fill order - significant role

Sparos

  1.  
    [2002] NSWCCA 52

Supply cannabis leaf

 

Sched:

2 offences

13 x 1oz

PG

(25%)

12m suspended

$3,500 fine

Crown AA

FT 1y

$3,500 fine

recognisance for AOABH

Received drugs from supplier and on-selling them.

39days PSC - rehabilitation

Lyberopoulos

[2002] NSWCCA 280

Supply leaf4.930kgVG

2y

NPP 12m

ADfraud and dishonestyDrugs found in car - commercial venture.

Ramaz

(22)

[2003] NSWCCA 91

13 x supply leaf

 

Sched:

3 offences

1-12: small amounts

 

1.723kg

PG

(25%)

18m

NPP 8m 17d

Crown AA

2y 2m

NPP 14m

on bail for similar offence

Over 3 months sold small amounts of cannabis to 80 customers per day - major drug dealing business

Previous good character - difficult childhood - prospects of rehabilitation - importance of personal deterrence

A Girard

 

T Girard

 

[2004] NSWCCA 170

Supply cannabisApprox 8kg

PG

(25%)

3y

NPP 18m

AD

Insignificant

 

Nil

Husband and wife heavily involved in large scale supply of cannabis leaf to users and suppliers – equal liability

Evidence of good character – three young daughters

Livas

[2006] NSWCCA 54

Supply cannabis2.26kgPGFT 6m

AA

6m – suspended

 

Agreed to collect drugs for $500 payment – one off supply – deemed supply – lower end of scale

Carer for parents

Peachey

[2011] NSWCCA 30

Knowingly take part in supply cannabis leaf15-16kg

PG

(25%)

5y 3m

NPP 3y 11m 7d

AD Female – involved in cannabis distribution over 13 months – sophisticated and substantial network – at the apex of the network and the organising and controlling mind – greed

Haule

(38)

[2015] NSWCCA 253

Supply cannabis

 

 

 

Supply cocaine

 

s.193B(2) proceeds of crime

 

Sched:

3 drug offences

25kg

 

 

 

74.6g

PG

(25%)

5y 6m

NPP 3y 6m

 

 

FT 2y

 

FT 12m

AA

4y 9m

NPP 2y 6m

 

FT 2y

 

FT 12m

 

Total:

5y 1m

NPP 2y 10m

minor

Found in possession of 8.7kg cannabis, cocaine and two wads of cash $15,000 and $6,400 – admitted to drug dealing over previous 8 months

Remorse – admissions to dealing

Batty

(49)

[2016] NSWCCA 121

Supply cannabis5.47kg

PG

(25%)

4y

NPP 2y

ADSupply drugs, steal from dwelling, larceny

Drugs located at offender's residence - covert operation into the distribution of illegal drugs on the Central Coast.

History of drug abuse.

Last updated: 17/7/2017