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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 - Supply Large Commercial Quantity

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 life imprisonment
Large Commercial quantity - 1kg

Standard Non-Parole Period (offence committed after 1.2.2003) 15 years 

Case
(age if known)

OffenceAmountPleaSentenceAppealRecordFacts

Bera

(2001) 119 A Crim R 552

Supply lge comm qty methylamphet

 

Knowingly take part in supply comm qty methylamphet

1.885kg

VG

 

 

 

PG

7y

NPP 4y

 

 

FT 3y

(concurrent)

Conviction AD Drugs found in car driven by appellant - involved in extensive drug manufacture and supply organisation (Kalache)

Wardini

[2003] NSWCCA 249

Aid, abet, counsel, procure, solicit and incite supply lge comm qty methamphetNot statedPG

2y

NPP 18m

(PD)

Crown ADNil

Few facts - strong subjective features – pressured into offence to discharge considerable business debts – did not initiate offence

Good character evidence – real remorse – inordinate and inexcusable delay

Hejazi

(32)

[2003] NSWCCA 383

Supply lge comm qty methamphet

 

Supply comm. qty methamphet

 

Sched:

5 x supply

Supply comm. qty

1347.6g

 

 

 

274.9g

 

PG

(15%)

9y

NPP 6y

 

 

FT 4y

(concurrent)

ADLengthy – breached bond and parole

Supplied to undercover police officers – in business of supply

Heroin addict – protection – reasonable prospects of rehabilitation – no parity

Naim

[2006] NSWCCA 289

Supply lge comm qty methamphet

 

Supply less comm qty methamphet

 

Sched:

Supply ketamine

1244.3gPG

9y

NPP 6y

 

 

FT 2y

(concurrent)

ADBreached bond for drug offence

SNPP 15 years

Two discrete transactions on two separate days

Hamieh

(24)

[2007] NSWCCA 277

Supply lge comm qty methamphet

 

Sched

One offence

2.1kgPG

11y

NPP 7y

AA

7y 9m

NPP 5y 2m

Breached bond

SNPP 15 years

Supplied to co-offender from South Australia – not supplying on own behalf

Depression – parity

Ly

[2008] NSWCCA 262

Supply lge comm qty methamphet

 

Sched:

3 offences

1101.22g

PG

(25%)

12y

NPP 8y

ADPriors

SNPP 15 years

Found in possession of money, many mobile phones, supply paraphernalia and drugs – admitted supplying for money – mid-range seriousness

Vigo

[2009] NSWCCA 98

Supply lge comm qty methamphetOver 40kgVG

16y

NPP 12y

AD 

Purchased drugs over many years for on selling

Poor prospects of rehabilitation – effect of incarceration on young child

Efstathiadis

(27)

[2009] NSWCCA 319

Supply lge comm qty methamphet1.980kg

PG

(10%)

14y

NPP 10y

ADDrug offence

SNPP 15 years

Observed supplying drugs to third person in car park with co-offender – participant in drug network

Good prospects of rehabilitation

Mahmud

(26)

[2010] NSWCCA 219

Supply lge comm qty methamphet

 

Unauthorised possession 3 or more firearms

 

Sched:

Firearms offences

1.78kg

PG

(17.5%)

6y 6m

NPP 3y 6m

 

 

Total:

7y 6m

NPP 4y 6m

Crown AA

9y

NPP 6y 6m

 

Total:

10y

NPP 7y 6m

Firearm offences

SNPP 15 years

Firearms and ammunition found in car during police search – firearms and drugs subsequently found in house occupied by offender – stored drugs for others – below mid-range

Drug addiction

Briggs

(30)

[2010] NSWCCA 250

Supply lge comm qty methylamphet

 

Summary offences

4284.5g

PG

(35%)

9y 9m

NPP 8y

AA

9y 9m

NPP 7y 3m

Not significant

SNPP 15 years

Found asleep in car suffering effects of drug and in possession of $295,100 and drug paraphernalia – drug subsequently found in house – involved in trafficking to substantial degree

Chronic drug addiction – genuine remorse – prospects of rehabilitation

Achurch

[2011] NSWCCA 186

 

[2013] NSWCCA 117

Supply lge comm qty methylamphet

 

Supply Ecstasy

 

Supply comm qty Ecstasy

2.6kg

 

 

 

108.7g

 

1,000 pills

VG

13y

NPP 5y

 

Total:

14y

NPP 6y

Crown AA

16y

NPP 11y

 

Total:

18y

NPP 13y

 

Muldrock AD

Lengthy record

SNPP 15 years

A principal in ongoing commercial operation – provided drugs to co-offenders who sold to undercover police officers – sold 400 pills of ecstasy – offers to supply further 1000 pills – methylamphet found in former premises of offender – mid range offence

Suffering serious medical conditions

Ehrlich

(35)

[2012] NSWCCA 38

Supply lge comm qty methylamphet1.615kg

PG

(35% plea and assist)

6y 6m

NPP 4y 10m

Crown ADRecord

SNPP 15 years

A principal in drug syndicate operating between NSW and WA – not sophisticated – 9 supplies over 3 months

Gambling and drug debts – remorse – reasonable prospects of rehabilitation

Hill

(38)

[2012] NSWCCA 265

Supply lge comm qty methylamphet 

PG

(25%)

6y

NPP 4y

AA

3y

NPP 2y

Nil

SNPP 15 years

Acted as "go-between" between supplier and buyer – offences took place at offender's residence.

Strong subjective circumstances – prior good character – employed – strong work ethic – assistance to authorities.

AMZ

(24)

[2013] NSWCCA 6

 

[2017] NSWCCA 184

Supply lge comm qty methylamphet

 

Supply lge comm qty methylamphet

 

Supply lge comm qty methylamphet

 

Supply lge comm qty methylamphet

 

Supply lge comm qty heroin

 

Participate criminal group

 

Sched:

2 offences

6kg

 

 

 

6kg

 

 

 

6kg

 

 

 

10kg

 

 

 

1.05kg

PG

(55% plea and assist)

9y

NPP 6y

 

 

9y

NPP 6y

 

 

9y

NPP 6y

 

 

11y

NPP 7y

 

 

6y

NPP 4y

 

FT 2y

 

Total:

13y

NPP 9y

Second AA

7y

NPP 4y 6m

 

7y

NPP 4y 6m

 

 

7y

NPP 4y 6m

 

 

8y

NPP 5y

 

 

4y 6m

NPP 2y 6m

 

FT 1y

 

Total:

12y

NPP 8y

 

SNPP 15 years

Involved in organised criminal syndicate over 6 months

Second appeal heard and allowed after application under Part 7 of the Crimes (Appeal and Review) Act 2001 - parity

Eckersley

[2013] NSWCCA 219

Supply lge comm qty methylamphet

 

Knowingly take part in manufacture lge comm qty methylamphet

 

Knowingly take part in manufacture lge comm qty ecstasy

 

Sched:

4 drug offences

See factsPG

Total:

21y

NPP 14y

AD 

SNPP 15 years

'Very significant and managerial organisational' role in two distinct manufacturing ventures – one laboratory held records relating to sale of $617,000 drugs and 2.145kg methamphet – second laboratory held raw product for 250,000 tablets – offences extended over 12 months

White

(37)

[2013] NSWCCA 242

Supply lge comm qty methylamphet

 

Sched:

7 offences

3.33kg

(low purity – pure form 195g only)

PG

(25%)

9y 9m

NPP 3y 6m

ADminor

SNPP 15 years

Involved in supply – street value around $300k-$400k – just below mid-range objective seriousness.

Substance abuse

Cidan

[2014] NSWCCA 66

Supply lge comm qty methylamphet

 

Sched:

Supply comm qty heroin

 

 

Dealing with proceeds of crime

 

Sched

Proceeds of crime

2.270.8gm

 

 

 

894.8g

PG

(12.5%)

7y

NPP 3y

 

 

 

 

 

 

 

4y 4m

NPP 2y

 

Total

8y

NPP 4y

Crown AA

9y

NPP 4y

 

 

 

 

 

 

 

 

 

Total:

9y

NPP 6y

 

SNPP 15 years

Drugs found in storage unit – deemed supply – opened account using false identity and deposited $213,687 - $348,350 found in storage unit – sole trader with fairly large scale operation

Suffered poor treatment as a Kurd in Iran

Sentences partially accumulated to sentences imposed for opium offences – total sentence:

15y NPP 10y

Baquiran

[2014] NSWCCA 221

Supply lge comm qty methylamphet

 

Supply comm qty methylamphet

 

Sched:

Participate in criminal gp

1kg

 

 

 

321.3g

PG

(25%)

12y

NPP 7y

 

 

5y 6m

NPP 3y 6m

 

Total:

12y

NPP 8y

AA

10y

NPP 6y 8m

 

5y 6m

NPP 3y 8m

 

Total

10y

NPP 6y 8m

 

SNPP 15 years

Involved in drug syndicate operating from business owned by offender and ex-wife – sales made to undercover officer

Li

(32)

[2014] NSWCCA 327

Knowingly take part in supply

lge comm qty methylamphet

 

Conspiracy to supply lge comm qty methylamphet

 

Sched:

Proceeds of crime

24.9782kg

 

 

 

 

5kg

PG

(15%)

9y

NPP 4y 6m

 

 

 

6y

NPP 3y

(concurrent)

Crown AA

10y

NPP 7y 6m

 

 

7y

NPP 4y 4m

(concurrent)

 

SNPP 15 years

Recruited from Hong Kong to work for criminal organisation – paid $11,400 per month – courier equivalent – acted on telephone instructions from controller – sought to withdraw

Lam

Chun Lok

(20)

 

 

Lam

Chun Kit

(19)

 

[2015] NSWCCA 87

Supply lge comm qty methylamphet

 

 

Supply lge comm qty methylamphet

2.2 kg

PG

(15%)

6y 9m

NPP 4y  6m

 

 

 

5y

NPP 3y

AD

 

 

 

 

AD

 

SNPP 15 years

Brothers - Involved in substantial drug operation with co-offender BJ – drugs found by police at residence leased by CKL

CLL not principal but above CKL and BJ – intermediary passing on messages and directing CKL and BJ - drug addiction

CKL - took direction from older brother CLL and others and performed menial tasks - lesser culpability - remorseful, at low risk of re-offending, good prospects of rehabilitation - drug addiction

Plaisted

(34)

[2015] NSWCCA 287

Knowingly involved in supply lge comm qty methylamphet

 

Knowingly involved in supply lge comm qty Heroin

21.807kg

 

 

 

 

 

1kg

PG

(25%)

14y

NPP 9y

 

 

 

 

4y

NPP 2y

(concurrent)

AA

11y

NPP 7y

Minor – stealing - drive mid-range PCA

SNPP 15 years

As employee of transport company arranged transportation of drugs from Sydney to Perth on behalf of a drug syndicate

Previous drug and alcohol abuse - very difficult upbringing

On Appeal - limited nature of role – impossible to conclude that offender derived any large profits from participation.

Hatzisavvas

(43)

 

 

 

 

Lopez-Rios

(36)

 

[2016] NSWCCA 147

2 x supply lge comm qty methylamphet

 

 

 

2 x supply lge comm qty methylamphet

 

1kg

 

13.384kg

PG

(33% plea and  assist)

 

PG

(25%)

8y 3m

NPP 5y

 

 

 

 

9y

NPP 5y 6m

Crown AA

11y

NPP 7y

 

 

 

11y 9m

NPP 7y 6m

Minor

 

 

 

 

 

limited

SNPP 15 years

Sold 1kg of drugs for $190,000 to undercover – below mid-range - two months later 13.384kg drugs found in shared apartment – mid-range - L slightly higher culpability

Both drug users

Wang

(51)

[2016] NSWCCA 161

Supply lge comm qty methylamphet

 

Supply comm qty methylamphet

9968.5g

 

 

 

995.7g

PG

(25%)

10y

NPP 7y

 

 

6y

NPP 4y 2m

 

Total:

12y

NPP 8y 6m

AA

 

 

 

 

 

 

Total

11y 6m

NPP 7y 9m

Minor

SNPP 15 years

Sold 995.7g drugs to undercover at request of co-offender – subsequently brought 9968.5g for sale to UCO – above mere courier but under directions of co-offender – conducted negotiations, counted money and delivered drugs – financial reward

Parity on appeal

Zolfonoon

(47)

[2016] NSWCCA 250

 

 

 

Co-offender:

SALEH

DASHTI

Supply lge comm methylamphet

 

Supply lge comm methylamphet

 

Sched:

3 x possess

3.5kg

 

 

 

9kg

PG

(25%)

 

 

 

 

 

 

 

Total

10y 9m

NPP 4y

Crown AA

10y

NPP 6y

 

15y

NPP 8y 6m

 

Total:

15y

NPP 10y

 

SNPP 15 years

Supplied drugs in multiple transactions over nearly 2 years – one of several middlemen – below mid-range – personal financial gain

Iranian born – good prospects of rehabilitation

Saleh

(42)

[2016] NSWCCA 216

 

 

 

 

Co-offender:

ZOLFONOON

Supply lge comm methylamphet

 

Knowingly take part in supply lge comm methylamphet

1.097kg

 

 

 

2kg

PG

(35% plea and assist on appeal

3y 6m

NPP 2y 7m

 

 

4y 2m

NPP 3y 1m

 

Total

4y 8m

NPP 3y 6m

Crown AA

5y 4m

NPP 4y

 

8y

NPP 6y

 

Total:

9y 4m

NPP 7y

Mal wound / dishonesty

SNPP 15 years

Intermediary – finder of supplier of drugs for co-offender – supplied first count as sample and later large amount – located supplier in relation to second count then cut out of deal

Married with four young children

Dashti

(middle aged)

[2016] NSWCCA 251

 

 

 

 

 

 

 

 

Co-offender

ZOLFONOON

Supply lge comm methylamphet

 

Supply lge comm opium

 

Agree to supply lge comm qty heroin

 

Sched:

3 x supply

2 x proceeds

47.56kg

 

 

 

49.85kg

 

 

2kg

PG

(15%)

20y

 

 

 

15y

 

 

15y

 

 

Agg

20y

NPP 12y

Crown AA

26y 8m

NPP 20y

 

23y 4m

NPP 17y 6m

 

14y

NPP 10y 6m

 

Agg

28y 8m

NPP 21y 6m

Nil

SNPP 15 years

A principal in business of supplying drugs – supplied heroin eventually sold by Zolfonoon – used three storage units to store drugs imported from Iran – search found drugs and $750,000

Iranian born – first time in custody – isolation and language difficulties in custody

Baias

(58)

[2016] NSWCCA 269

Supply lge comm methylamphet

 

Knowingly take part in manufacture comm qty methylamphet

 

 

Supply lge comm heroin

 

 

Supply comm qty heroin

 

Sched:

Supply drugs

1,094.5g

 

 

 

 

 

 

 

 

 

 

1,049.98g

 

 

 

613g

VG

(20% for trial)

 

VG

(25% for offer)

 

 

 

PG

(25%)

 

 

PG

(25%)

 

(10% for assist)

5y 11m

NPP 4y

 

 

FT 1y 7m

 

 

 

 

 

 

5y 6m

NPP 3y 9m

 

 

5y 10m

NPP 4y

 

Aggregate:

11y

NPP 7y 6m

ADNumber of supply drugs offences, some relating to heroin.

SNPP 15 years

Not at apex of criminal hierarchy but far beyond street dealer, factotum, or other pawn - made arrangements for drug equipment - collected cook from airport - organised premises and lab for drug preparation - assisted in shopping for items and present during preparation – role in sourcing drug albeit believing it to be precursor.

Heroin offences - supplied to police undercover for hundreds of thousands of dollars.

Committed offences to repay loan.

Saleh

(26)

[2016] NSWCCA 317

Supply lge comm methylamphet2kg

PG

(10%)

4y 11m

NPP 3y 8m

ADMinor drug possession offences.

SNPP 15 years

Involved with co-offenders in supply to undercover operative - sought out supplier – participated in meeting at own home with co-offenders - participated in other meetings - expected some personal benefit from transaction - part of motivation was to assist uncle who had asked offender to find supplier.

Commendable employment record - evident employability - support of family – reasonable rehabilitation prospects – remorse

HL

[2017] NSWCCA 66

Knowingly take part in supply lge comm qty methylamphet

 

Conspiracy to traffic lge comm methylamphet – s302.2(1) Criminal Code Cth

3.0021kg (68.9% purity)

 

 

 

50.0954kg (37.75kg pure)

PG

(17.5%)

6y

NPP 3y 6m

 

 

 

12y

NPP 6y

 

Total:

15y

NPP 9y

AA

6y

NPP 3y 6m

 

 

12y

NPP 6y

 

Total:

14y

NPP 8y

Nil

SNPP 15 years

Involved in an international drug trafficking organisation – left drugs with co-offender in car park (state offences) - drugs concealed in  shipping container from Hong Kong - container transported to warehouse rented by flatmate at direction and instruction of offender (Cth offence) – arranged for arrival and distribution of the drugs; arranged for leasing of warehouse

Motivated by greed caused by gambling and business losses

On appeal – parity with co-accused who had more senior role

Kijurina

(28)

[2017] NSWCCA 117

2 x supply lge comm qty methylamphet

1.5l oil

 

2kg

PG

(25%)

2y

 

15m

 

(Intensive Correction Order)

Crown ADNil

SNPP 15 years

Controlled operation – offered to supply oil and drugs to undercover operation – rip off – no intention or capacity to supply drugs – supplied two containers of 'oil' that was not prohibited drug – isolated incident – bottom of range of seriousness

Long-term drug user – good prospects of rehabilitation

Appeal dismissed in exercise of discretion in view of lengthy time taken to sentence offender

Shi

[2017] NSWCCA 183

Knowingly take part in supply lge comm qty methamphet

 

Sched:

Participate in criminal group

27.9g

139g

139g

239g

2kg

PG

10y

NPP 7y

ADCommercial drug supply – kidnapping – mal wound

SNPP 15 years

Middleman – supplied drugs to undercover operatives over several months – sourcing drugs – handled large sums of money – escalating transactions

Chong

[2017] NSWCCA 185

Supply large comm qty methamphet923g

PG

(25%)

8y 3m

NPP 5y 4m

AA

6y

NPP 4y

Nil

SNPP 15 years

Chinese national visiting Australia – agreed to take drugs by train to Perth – arrested at station – 78.5% purity - part of planned criminal activity – courier – minor although indispensable role – significantly below mid-range

Drug user – cultural isolation in custody

Fato

[2017] NSWCCA 190

Supply lge comm qty methamphet

 

Supply lge comm qty methamphet

 

Supply cannabis leaf

 

Cultivate lge comm qty cannabis plant

 

Knowingly direct criminal group

 

Sched

6 related offences

1.4kg

(10% purity)

 

 

9.5kg

(13% purity)

 

 

23 pds

 

 

2750 plants

PG

11y

NPP 7y

 

 

15y

NPP 9y

 

 

2y

 

 

8y

NPP 5y

 

 

7y

NPP 4y

 

Total:

18y

NPP 12

Application for extension of time to appeal refused 

SNPP 15 years

Principal in criminal drug group – offences above mid-range – supplied to undercover operatives

Last updated: 14/8/2017

  

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