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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  

CaseOffenceAmountPleaPriorsSentenceAppealFacts

Smiroldo

(23)

(2000) 112 A Crim R 47

s.25A

.37g

.49g

.86g

26.7g

PGnil drugs

MT 2y 6m

AT 2y

AD

Factors to consider include quantity supplied and magnitude of business.

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.

Bacon

(26)

(2000) 120 A Crim R 28

s.25A

13.53g

27.6g

27.4g

PGprior convictions including drugs

MT 2y

AT 1y

+ 3m PSC

(cumulative to 6m sentence for assault)

AA

3y

NPP 18m

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

Ceased involvement voluntarily prior to arrest.

Handley

[2001] NSWCCA 311

s.25A PGinsignificant

3y 1m

NPP 18m

AD

Admitted to supplying amphetamines on regular basis over 18months - Related offences taken into account on sentence - Offence committed to partly 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 (62g)

15.5gPGprior drug conviction - first imprisonment - on recog at time of offence

5y

NPP 3y

AA

4y

NPP 2y 4m

Supplied to undercover police officer - cannabis found at home - had been selling drugs from service station he owned fro 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%)

minor record

14m

NPP 7m

AA

10m

NPP 5m 20d

(to expire immediately)

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%)

drugs, property, violence

4y 4m

NPP 3y

AA

3y 6m

NPP 2y 3m

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

Sentences excessive.

Jolevski

[2002] NSWCCA 472

s.25A

 

Sched:

possess prohibited drug

8.37gPGnil

18m GBB (s.9)

Fine $3,000

Crown AD

Supplied drugs to undercover officer - Never supplied to any other person - Involved because of pressure from operative

Impressive character evidence - Genuine remorse - Affect on career - Immature and impulsive - Exceptional case

Connell

(50)

[2003] NSWCCA 90

s.25A

 

Sched:

related offences

3 x 3.5g

55g

PG

(25%)

property, dishonesty, drugs (no supply), driving

4y

NPP 2y 6m

ADSupplied drugs to undercover police officer - motivated by greed

Meres

[2003] NSWCCA 193

s.25A

 

Sched:

4 related offences

 

PG

(13%)

Bad record for possession, violence, driving, dishonesty

4y 9m

NPP 3y

(+6m PSC)

ADInvolved in thriving and busy operation from house close to school.

Kamminga

(49)

[2003] NSWCCA 337

s.25A

8.1g

7.4g

6.6g

PGNothing until aged 46 – drug offences

6y

NPP 3y

AA

3y

NPP 2y

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

ADJoint 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)

Old record

2y 8m

NPP 2y

AA

2y 8m

NPP 1y

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%)

Not serious

 

 

 

 

No prior custody

8y

NPP 5y

 

 

 

6y

NPP 3y 6m

Crown AA

15y

NPP 10y 2m

 

 

Crown AA

8y

NPP 5y

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%)

Record - breach of bond - no prior custody

3y 4m

NPP 2y 6m

AD

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%)

Priors included drug offences

4y

NPP 2y

AD

Supplied to undercover police officer

Drug addiction

Murphy

(30)

[2006] NSWCCA 417

s.25A

 

Sched:

9 offences

Small amounts

PG

(20%)

Minor

2y

NPP 15m

(originally suspended – suspension revoked after appeal)

Crown AD

AD

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%)

Drug offences – breached bond

15y

NPP 9y

AD

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%)

Nil

3y 9m

NPP 2y 3m

AA

3y

NPP 1y 9m

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)

Lengthy record including drug offences

7y 6m

NPP 5y 7m 12d

AA

4y 6m

NPP 3y 4m

With girlfriend involved in ongoing business of supplying amphetamine from house shared with girlfriend – 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

Total – 38.09g

9-12% purity

PG

(10%)

Lengthy but no supply drugs and no custody – breached bond

4y 6m

NPP 2y 6m

AA

3y 7m

NPP 2y

Supplied to undercover police officer – retailer more than courier – received drugs as reward

Difficult childhood – mental illness and drug use

Sentencing judge erred in finding normal street purity was 3-5% - erred in finding offence committed to reduce drug debt

OGC

[2016] NSWCCA 254

s.25A

 

Sched:

Supply drugs

Possess drugs

Possess unreg firearm x 2

 

20.9g

PG

(25%)

 

3y

NPP 2y 3m

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

Greenyer

[2016] NSWCCA 272

s.25A

Supply

 

Sched:

Allow residence for use as drug premises

7.39g

PG

(25%)

Nil

Indicated sentences:

s.25A- 2y 3m

 

Supply – FT18m

 

Aggregate:

3y

NPP 1y 9m

Leave granted.  Sentence adjusted as to commencement date only.

Ongoing supply of methylamphetamine (ice) to undercover officer as part of controlled operation for which A received $3,350 – second offence of agree to supply 14g of same type of drug for $2500.

From privileged background – drug addiction – good rehabilitation.

Ejefekaire

(31)

[2016] NSWCCA 308

s.25A

 

Sched:

4 offences

 

PG

(25%)

Lengthy – breached bail

1y 10m

ICO

Crown AA

2y 4m

NPP 1y 9m

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

Financial gain – need for substantial supervision

 

 

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