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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 - MDMA (Ecstasy) - Supply Large Commercial Quantity


s.25(2) Drug Misuse and Trafficking Act 1985 (NSW): supply prohibited drug
s.33(3) Drug Misuse and Trafficking Act 1985 (NSW): max penalty life (large commercial quantity)
Large commercial quantity: 0.5kg

Case
(age if known)

OffenceAmountPleaRecordResultAppealFacts

Moore

(37)

 

Wiebe

(35)

 

NSW CCA

1.8.1992

Conspiracy to supply

 

Supply

798.8g (633g pure - capable of producing 6,000 tablets with street value of $240,000.)

PG

 

 

PG

minor

 

 

nil

MT 3y 6m

AT 1y 2m

 

MT 3y

AT 1y

Crown AD

 

 

AD

M a member of "Orange People" – Asked to arrange importation - W to be paid $10,000 – W brought in tablets strapped to back.

M – Canadian – Married - Contrition

W – Canadian – Courier - Assistance – Prior good character

Lao

(52)

[2003] NSWCCA 315

Supply1016.6g

PG

(discount not stated)

Nil

5y

NPP 3y

AD

Courier

Gambling problem – Good character – Strong prospects of rehabilitation

OPA

(39)

[2004] NSWCCA 464

Knowingly take part in supply3.1kg

PG

(50% combined)

Nil

8y

NPP 6y

AA

5y 8m

NPP 4y 3m

Found in possession of drugs – involved in extensive operation – took orders, supplied drugs and collected money – underling

Valuable assistance – special protection

Nassif

(32)

[2005] NSWCCA 38

Attempt receive for supply large commercial qty3.2452kg

PG

(maximum discount)

Priors including drug supply

6y

NPP 3y

ADAgreed to take delivery of 14,000 tablets from Sukkar (see importation commercial quantity of ecstasy table)

Thompson

(34)

(2005) 156 A Crim R 467; [2005] NSWCCA 340

Supply large commercial quantity

 

Sched:
Supply tablet

GIC

1.983kg

PG

(25%)

Priors including drug supply

16y

NPP 12y

AA

13y 4m

NPP 10y

SNPP 15 years

Found in possession of drugs

Erroneous consideration of standard non-parole period

Yildiz

(2006) 160 A Crim R 218; [2006] NSWCCA 97

Supply large commercial quantity602g

PG

(not stated)

Nil

10y

NPP 7y

AD

SNPP 15 years

Arrested during agreement to supply – found in possession of drugs.

Stankovic

[2006] NSWCCA 229

 

 

 

 

 

 

 

 

Co-offender:

NIKOLIC

Supply large commercial qty

 

Sched:

Cultivate proh plant

Possess 0.34g MDMA

Possess Stanazol

Possess unlawfully obtained goods ($5,000).

44kg

PG

(35% combined)

Nil.  On bail.

7y 9m

NPP 5y 2m

Crown AA

11y 8m

NPP 8y 9m

SNPP 15 years

Involved in manufacture of MDMA at residential premises – Engaged as labourer in illicit factory – Unsupervised – Claim of duress.

Mid-range objective seriousness: at [19].

Sentence manifestly inadequate – SJ failed to take into account serious offences on Schedule.

Nikolic

(45)

[2007] NSWCCA 232

 

Co-offender:

STANKOVIC

Knowingly take part in supply large commercial qty44kg

PG

(15%)

Nil

9y

NPP 6y

Crown AA

12y 9m

NPP 8y 6m

SNPP 15 years

Involved in manufacture of MDMA at residential premises – Agreed to assist co-offender out of obligation for assistance given to son in Serbia – lesser offender – below mid-range

Remorse

Knight

(34)

 

 

 

Biuvanua

(34)

 

[2007] NSWCCA 283; (2007) 176 A Crim R 338

 

Supply

 

Sched:

4 drug offences

 

Knowingly take part in supply

961g

PG

(CCA – 10%)

 

 

PG

(10%)

Minor

 

 

 

 

Nil relevant

10y

NPP 6y

 

 

 

3y 6m

NPP 2y

Crown AA

14y 4m

NPP 10y

 

 

Crown AD

SNPP 15 years

K (female) head of drug syndicate employing others – B (husband) assisted in menial tasks

Sukkar

[2007] NSWCCA 298

Supply5.9kg

PG

(25%)

 

11y 6m

NPP 7y 6m

AD

SNPP 15 years

Arrested during transaction.  No further facts provided.

Assistance to authorities.

Lim

 

 

 

 

 

Gao

 

[2007] NSWCCA 343

 

[2008] NSWCCA 234

Supply large comm. quantity

 

Sched:

2 x supply drugs

 

Supply large commercial qty

Supply comm. qty

 

Sched:

3 x supply drugs

 

PG

(10%)

 

 

 

 

PG

(25%)

Agg robbery

8y

NPP 5y

 

 

 

 

Large Comm

11y

NPP 7y

 

Total:

12y

NPP 8y

Crown AA

9y 10m

NPP 6y

 

 

 

Crown AD

AD

SNPP 15 years

Entered into agreement to supply $5000 worth of tablets (weighing between 1 – 2.5 kg) to undercover police operative – no actual supply.

Edwards

(23)

[2008] NSWCCA 281

Supply large comm. qty (E)

2 x Supply comm. qty (A)

Supply comm. qty (E)

 

Sched:

3 offences -

GIC; Deemed supply (100 ecstasy tablets); Deemed supply (68.35g methylamph).

1680g

381.3g

301.29g

225g

PG

(25%)

Nil

Total:

17y

NPP 10y

(concurrent sentences)

AD

SNPP 15 years

Supplied over three months – sophisticated operation

True remorse – good prospects of rehabilitation

At least within mid-range (although a finding that offence fell above mid-range would have been open): at [8].

Woodgate

(44)

(2009) 195 A Crim R 219; [2009] NSWCCA 137

Supply large comm. qty (E)

 

Sched:

GIC

67.79g tabs

42.956kg

10.921kg tabs

12.234kg powder

PG

(discount not stated)

 

14y

NPP 10y

AD

SNPP 15 years

Drugs found in apartment, unfurnished house and storage facility – also found in possession of $31,805, pill press and other equipment – senior trusted figure

Xue

(37)

[2009] NSWCCA 227

Supply large comm. qty

 

852.9g

PG

(10%)

Not significant.

13y 6m

NPP 10y

AD

SNPP 15 years

Supplied tablets to undercover police operative.

Drug abuse – gambling.

Mid-range offence.

Wang

[2009] NSWCCA 223

Supply large comm. qty

 

Supply not less trafficable

 

Assault police officer

1464.46gVGDriving, dishonesty, firearms – summary offences only.

20y

NPP 15y

AA

16y

NPP 12y

SNPP 15 years

Observed with bag later found to contain 5000 ecstasy tablets – struggled with police officer at scene – got away and later observed with another bag found to contain smaller quantity of ecstasy tablets.

SJ erred in assessment of objective gravity – offence below mid range – paucity of evidence relating to applicant's role.

Reference to other supply cases.

Fitzsimon

(32)

[2010] NSWCCA 25

Supply large comm. qty

 

Supply methylamph.

 

Sched:

2 x supply 56g methylamph

1.7kg

 

 

54.84g

PG

(15%)

Significant although older record

9y 4m

NPP 6y

 

FT 2y (concurrent)

AD

SNPP 15 years

On four occasions took possession of drugs and provided them to co-offender to drive north to third offender – involved in substantial drug organisation but received small financial rewards only

Reasonable prospects of rehabilitation – suffering mental condition

Choi

(20)

[2010] NSWCCA 318

Knowingly took part in supply

 

Sched:

2 offences

About 5.9kg

PG

(50% combined)

nil

17m 15d

suspended

 

(6.5m PSC)

Crown AA

4y 6m

NPP 2y 6m

SNPP 15 years

Agreed to source 30,000 tablets for supplier although tablets never obtained

Good character – good rehabilitation – unlikely to re-offend – remorse - assistance

Kwon

[2011] NSWCCA 58

2 x Supply1.1422kg (Around 6000 tablets)

PG

(25%)

nil

13y

NPP 9y

AD

SNPP 15 years

Just below mid range offences - First count: 6 supplies totalling around 6000 tablets to undercover officer and one other person – Second count: supply did not take place as intended recipient was undercover officer – middle man in hierarchy

Korean national raised in Australia by mother –rejected by biological father – began to take drugs and associate with  persons of bad influence.

Excellent rehabilitation – substantial family support – unlikely to reoffend

Chen

(55)

[2011] NSWCCA 145

2 x supply

supply traffickable qty

 

Sched:

2 x possess drug

830g

 

500g (2000 tablets)

VG 

14y

NPP 10y 6m

AD

SNPP 15 years

Offences committed in one month period – cooffender was A's stepson  - 1st supply: In series of telephone conversations, A agreed to supply to various persons 830g of ecstasy – 2nd supply: A attempted to have in his possession 2000 ecstasy tablets (500g) – 3rd supply (traffickable): in possession of 400 tablets .

Mid range objective seriousness – cooffender aged 18 under A's authority – A was dominant partner.

Low cognitive functioning – anxiety, depression regarding parents in China

AZ

(43)

[2011] NSWCCA 43

Supply

 

Possess proh firearm

 

Sched:

2 x supply drug; Deal with proceeds crime

1,081g

PG

(50% combined)

Nil

Total:

5y 6m

NPP 2y 9m

Crown AA

Total:

8y

NPP 5y 10m

 

SNPP 15 years

Drugs and large amount of drug paraphernalia found during search of A's residence – large amount of money also located.

Just below mid-range objective seriousness: at [62] – evidence pointed to substantial involvement in drug supply.

Assistance to authorities.

Error in assessment of objective seriousness of both drug and firearm offences – error in concurrent sentences.

Hsu

[2012] NSWCCA 248

Supply

 

Possess firearm

 

Sched:

Deemed supply

1000 tablets (237.6g)

PG

(10%)

Drug offences

13y 6m

NPP 10y

 

Total:

14y

NPP 10y 6m

AD

SNPP 15 years

Undercover police operation – supply of 1000 tablets – role as bottom to middle of the range wholesaler /commission agent – lower end of large commercial quantity type case – slightly below mid-range offence.

Drug addiction.

Deakin

(32)

[2014] NSWCCA 121

Supply

 

Participate in criminal group

30.242kg

PG

(15%)

Drug offences

10y 6m

NPP 7y 6m

 

FT 12m

(concurrent)

AA

10y 6m

NPP 6y 9m

 

(greater backdate over existing sentence)

SNPP 15 years

Involved in criminal group carrying out drug related activities over 4 months – directly involved in ecstasy supply – groups involved with other drugs – trusted employee – transported drugs

Drug addicted parents – difficult childhood – early drug addiction – 10% discount for assistance

Cullen

(30)

[2014] NSWCCA 162

Supply lge comm qty GBL

 

Supply lge comm qty ecstasy

 

Supply meth

Supply cocaine

Supply ketamine

11.4kg

 

 

991.35g

 

 

30.52g

9.29g

181.84g

PG

(25%)

Indicated sentence:

9y

NPP 6y

 

Agg sentence:

12y

NPP 8y

ADNil

SNPP 15 years

Large scale drug dealer – end supplier – drugs found in apartment

Dunshea

(27)

[2016] NSWCCA 244

Knowingly concerned supply

 

Knowingly concerned supply lge comm qty nexus

 

Sched:

Supply methamphet

Possess pistol

2.537kg

 

 

 

809.17g

PG
(25%)

Agg sentence:

12y

NPP 8y

AA

9y

NPP 6y

Minor drug offence

SNPP 15 years

Assisted principal in supplying drugs and collecting debts

Early drug addiction – failure at first instance to consider remorse and parity

Briouzguine

(22)

[2014] NSWCCA 264

​Supply lge comm qty

 

Supply lge comm qty

 

Supply indictable

 

Supply comm qty

 

Sched:
10 offences

​2,900g

 

 

882g

 

 

100g

 

275g

PG (18%)Indicated

7y

 

4y

 

 

2y

 

3y

 

Agg Sentence
9y
NPP 5y

​ADNil significantSNPP 15 years

University student became involved in supplying drugs to associate who sold them further – supplied over 4 months – facilitator – became involved to fund addiction – continued and escalated involvement due to threats made

Immature – user / dealer – mental disorder

Miles

(25)

[2017] NSWCCA 266

​Supply lge comm qty

 

 

 

Supply lge comm qty

 

s.25A ongoing supply

 

Supply comm qty (cocaine)

 

Supply (methylamph)

 

Sched:

5 drug offences

646.86g

 

 

 


681.6g

​PG

(25%)

Indicative

3y

NPP 18m

 

 

4y
NPP 2y

 

2y 6m

 

 

3y NPP 18m

 

 

2y

 

Agg Sentence
8y
NPP 4y 6m

​AA

Indicative

3y

NPP 18m

 

3y 6m
NPP 2y 6m

 

2y 6m

 

 

2y 6m

NPP 15m

 

18m

 

Agg Sentence
7y
NPP 3y 9m

SNPP 15 years

Supplied to female known to police – supplies took place on snow fields - received $91K for second supply - high potency – other drug supplies to same female for payment.

University graduate – supportive family – special circumstances.

On appeal parity with co-offender

Murray

[2017] NSWCCA 262

​Supply lge comm qty methamphet

 

 

Supply lge comm qty ecstasy

​4.96kg

(79% purity)

 

 

9.66kg

(21.5% purity)

​PG

(25% on appeal)

​11y

NPP 8y

 

 

13y
NPP 9y

 

Total:
14y
NPP 10y

​AA

10y 6m
NPP 7y



10y 6m
NPP 7y

 

Total:
11y 6m
NPP 8y

Nil – but admitted being involved on 4-6 previous occasionsSNPP 15 years

Father attempted to send drugs to Perth by courier – offender admitted to being involved in well planned and organised operation – go-between – involved 4-6 times previously – involvement just below mid-range

History of alcohol and drug abuse – financial debts - remorse

 Last updated: 30.11.2017 

 

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