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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 - Manufacture Commercial Quantity

s.24(2) Drug Misuse and Trafficking Act 1985 (NSW) - manufacture commercial quantity
s.33(2) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y
Commercial quantity - 250g

Standard Non-Parole Period (offence committed on or after 1.2.2003) – 10 years

CaseOffenceAmountPleaOriginal SentenceAppealRecordFacts

Price

NSW CCA

29.4.1998

Conspiracy to manufacture VG

MT 2y

AT 5y

AA

MT 2y

AT 1y 9m

(PSC 2y 3m)

 No facts - failed to discount total sentence when taking into account pre-sentence custody.

Arikan

(41)

[1999] NSWCCA 331

Knowingly take part in manufacture PG18m PDCrown ADnil

Involved in Kalache organisation.  Assisted in manufacture of two quantities of drugs.  Motivated by friendship for co-offender and small amount of cannabis.  Minor role only.

Suffering from depression.  Strong subjective case.

Campbell

(39)

[1999] NSWCCA 332

Manufacture PG

MT 18m

AT 6m

ADprior convictions

Involved with Kalache.  Obtained 13,740 boxes of Sudafed tablets to be used in manufacture of drugs.  Assisted in opening packets and aware Sudafed would be used for manufacture of amphetamines.

Involvement at lower end of scale.

Elfar

(2000) 115 A Crim R 64

Knowingly take part in manufactureNo established amountVG

MT 2y 4m

AT 2y 6m

AD Involved in ordering equipment for manufacture - commercial quantity based on quantity of ingredients seized by police.

Jaouhar

(17)

[2003] NSWCCA 266

Knowingly concerned in manufacture

 

Sched:
Supply 3.5g

Agree to supply

Street value $1m

PG

(25%)

6y

NPP 3y

ADBreached bond for aggravated robberyActive participant in production process

Hansel

(60)

[2004] NSWCCA 436

2 x Knowingly take part in manufactureNo established amount

PG

(25%)

12m

NPP 9m

Wholly suspended

Crown ADPriors for drug offences, inc supply

Large scale production of amphetamines in house – 3 co-offenders

Court dismissed appeal in exercise of discretion - Very poor health – ongoing treatment required.

Diesing

(38)

 

Ackland

(38)

 

[2007] NSWCCA 326

Conspiracy to manufactureNot stated

PG

(20%)

 

 

PG

(20%)

10y 6m

NPP 7y 6m

 

 

10y

NPP 7y

AA

8y 9m

NPP 6y 6m

 

AA

8y 5m

NPP 6y

Drug offences – breached parole

 

Nil relevant

Involved in large scale operation to manufacture methylamphetamines – interstate operation over 5 months – financial gain

D – cook – involved in obtaining ingredients and establishing manufacturing process

A – primary link between interstate conspirators

Lin

[2007] NSWCCA 368

Knowingly take part in manufacture

 

Sched:

Possess cocaine

 

PG

(25%)

8y

NPP 6y

AA

6y

NPP 4y

Nil

Role of labourer / aider and abetter – Co offenders manufactured drugs from residential premises - Assisted co offenders with general tasks.

Appeal allowed on parity ground.

Mammone

[2013] NSWCCA 325

Manufacture

 

Knowingly take part in supply

 

2 x firearms offences

Possess pill press

Est 995g

PG

25%

20%

9y 8m

NPP 5y 9m

 

Total
9y 8m

NPP 6y 5m

AA

Agg sentence:

9y 1m

NPP 6y 1m

 Involved in manufacturing at rural property – no drugs seized – discussion as to intention to supply recorded

 

 

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