Legal Research > Sentencing Tables

This table is 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 

CaseOffenceAmountPleaSentenceAppealRecordFacts

Bera

(2001) 119 A Crim R 552

Supply

 

Knowingly take part in supply comm qty

1.885kg

VG

 

PG

7y

NPP 4y

 

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

Spicer

(44)

(2003) 139 A Crim R 206

Supply VG

4y

NPP 2y 6m

AA
3y

NPP 21m

one driving offence

Car stopped and found in possession of equipment and chemicals and liquid amphetamines - Deemed supply – Conviction for manufacture quashed on appeal

Mother, wife and daughter suffering serious medical conditions and unable to cope alone - Family in poverty - exceptional circumstances

Wardini

[2003] NSWCCA 249

Aid, abet, counsel, procure, solicit and incite supplyNot statedPG

2y

NPP 18m

(PD)

Crown ADNilFew 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

 

Supply comm. qty

 

Sched:

5 x supply

Supply comm. qty

1347.6g

 

274.9g

 

PG

(15%)

9y

NPP 6y

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

 

Supply less comm qty

 

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

 

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

 

Scehd:

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

 

Over 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

 

1.980kg

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

 

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

 

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 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

 

Supply E

 

Supply comm qty E

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 – M found in former premises of offender – mid range offence

Suffering serious medical conditions

Ehrlich

(35)

[2012] NSWCCA 38

Supply1.615kg

PG

(25%)

6y 6m

NPP 4y 10m

 

(35% discount for PG and assistance)

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 

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 A's residence.

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

AMZ

(24)

[2013] NSWCCA 6

4 x Supply

 

Supply lge comm qty heroin

 

Participate criminal group

 

Sched:

2 offences

6kg

6kg

6kg

10kg

 

1.05kg

PG

(55% plea and assist)

13y

NPP 9y

AD 

SNPP 15 years

Involved in organised criminal syndicate over 6 months

Early guilty plea and assistance

Eckersley

[2013] NSWCCA 219

Supply

 

Manufacture

 

Manufacture E

 

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

 

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

 

Dealing with proceeds of crime

 

Sched:

Supply comm qty H

Proceeds of crime

2.270.8gm

 

 

 

 

 

 

894.8g

PG

(12.5%)

7y

NPP 3y

 

(Partially cumulated to additional drug offences)

Crown AA

9y

NPP 4y

 

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

Also dealt with by different judge for opium offences

Offences laid under Cth Code

Suffered poor treatment as a Kurd in Iran

Baquiran

[2014] NSWCCA 221

Supply

 

Supply comm qty M

1kg

 

321.3g

PG

(25%)

12y

NPP 8y

AA

10y

NPP 6y 8m

(concurrent sentence)

 

SNPP 15 years

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

Briouzguine

(22)

[2014] NSWCCA 264

2 x supply

 

 

Supply indictable

Supply comm qty ecstasy

 

Sched:

10 offences

2,900g

882g

 

100g

275g

PG (18%)

9y

NPP 5y

ADNil significant

SNPP 15 years

University student became involved in supplying drugs to associate whole 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

Li

(32)

[2014] NSWCCA 327

Knowingly take part in supply

Conspiracy to supply

 

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

 

 

 

 

Supply

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 – acted as intermediary between CKL and BJ and others – directed CKL and BJ – drug addiction

 

CKL - remorseful, at low risk of re-offending, good prospects of rehabilitation, lesser role than brother CLL- knew premises being used for drug use and supply -  took direction from older brother CLL and others – menial tasks – drug addiction

 

 

Plaisted

(34)

[2015] NSWCCA 287

Supply (Methylamphetamine - Ice)

 

 

Supply (Heroin)

21.807kg

 

 

 

 

1kg

PG

(25%)

Total:

14y

 NPP 9y

AA

11y

NPP 7y

Minor.  Stealing, drive mid-range PCA.

SNPP 15 years

Role of A, who was an employee of Transport company was to arrange transportation of drugs from Sydney to Perth on behalf of a drug syndicate.

Previous drug and alcohol abuse  - very difficult upbringing.

CCA: Limited nature of A's role  – not a substantial role -  fact that it is impossible to conclude that A derived any large profits from his participation.

Hatzisavvas

(43)

 

 

 

 

Lopez-Rios

(36)

 

[2016] NSWCCA 147

2 x supply

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

 

Supply comm qty

9968.5g

 

995.7g

PG

(25%)

12y

NPP 8y 6m

AA

11y 6m

NPP 7y 9m

Minor

SNPP 15 years

Sold 995.7g drugs to undercover after 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 heroin

 

Supply lge comm meth

 

Sched:

3 x possess

3.5kg

 

9kg

PG
(25%)

10y 9m

NPP 4y

Crown AA

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

 

Knowingly take part in supply lge comm

1.097kg

 

2kg

PG

(35% plea and assist on appeal

4y 8m

NPP 3y 6m

Crown AA

9y 4m

NPP 7y

Mal wound / dishonesty

SNPP 15 years

Intermediary finding supplier of methamphetamines 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 meth

 

Supply lge comm opium

 

Supply heroin

 

Sched:

3 x supply

2 x proceeds

47.56kg M

 

49.85kg O

 

2kg H

PG

(15%)

20y

NPP 12y

Crown AA

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 meth

 

 

Manufacture meth

 

 

Supply lge comm heroin

 

 

Supply comm qty heroin

 

 

 

 

 

Sched:

Supply drugs

1,094.5g

 

 

 

 

 

 

1,049.98g

 

 

 

613g

PG

(30% combined)

 

(Other offences: 25%)

Indicative sentences:

Supply lge comm meth – 5y 11m NPP 4y

 

Manufacture meth – FT 1y 7m

 

Supply lge comm heroin – 5y 6m NPP 3y 9m

 

Supply comm qty heroin – 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 the criminal hierarchy, but was far beyond a street dealer, factotum, or other pawn -  A made arrangements for drug equipment - collecting J (the cook) from airport - organising premises and lab for drug preparation - assisting in shopping for items and being present during preparation – role in sourcing drug albeit believing it to be a 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 meth

 

2kg

PG

(10%)

4y 11m

NPP 3y 8m

ADMinor drug possession offences.

SNPP 15 years

Involved with cooffenders in supply to undercover operative - A sought out a supplier – A participated in the meeting at his own home between himself and cooffenders - also participated in other meetings - expected some personal benefit from transaction - part of motivation was to assist uncle who had asked A to find a supplier.

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