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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 - Supply Less than Commercial

s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug

s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15y   

CaseOffenceAmountPleaSentenceAppealRecordFacts

McGrath

(34)

NSW CCA

20.4.1993

Supply26-7gPG

MT 18m

AT 6m

ADrecog, stealing, supply (gaol)Deemed supply:  drugs found on A.

Sabbah

(18)

NSW CCA

17.12.1993

Supply10.91gPG

MT 1y 6m

AT 6m

AA

MT 1y

AT 1y

on recog, supply, possess, GIC, (no gaol)

Drugs found on A and in car by police.  Admitted selling capsules for someone else, and had sold 20-25 tablets.

Good prospects of rehab.

Decandia

(28)

NSW CCA

8.7.1994

Supply

 

Sched:

2 x possess

56gPG

MT 12m

AT 12m

ADincludes drugs

Admitted involvement from the start.  Supplied drugs four times over several weeks.  Did not make a profit.

Long history of drug abuse.

Morrissey

NSW CCA

15.7.1994

Supply

 

Sched:

5 x minor drug offences

9.7gPG

MT 2y 3m

AT 9m

AD 

Deemed supply.  Equipment found in home relating to supply.  SJ found A "in a commercial sense, involved as a supplier".

Not a drug user.

Sneddon

NSW CCA

12.10.1994

Supply

 

Sched:

possess cannabis

21.75gPG

MT 18m

AT 6m

ADextensiveno details

Woodger

(39)

NSW CCA

21.9.1995

supply6.95gVG

MT 2y

AT 1y

AA

MT 12m

AT 6m

No evidence of pattern of supply.

BES, stealing, possess

Drug found with $350.  Claimed for own use.

Invalid pensioner.  Drug user.

Smythe

NSW CCA

6.9.1996

supply7.28gVG

MT 6m

AT 9m

ADnil

Found in house with equipment for supply.

Young woman.  Good subjectives.

CFR

(45)

NSW CCA

30.10.1996

2 x supply

 

Sched:

Supply amphet

18g

(Form 2: 11g)

PG

MT 12m

AT 4m

ADdrugs, AR, robbery, dishonesty

Police arranged to purchase 2g amphetamine from A.  Amphetamine later found on A and in house with equipment associated with supply. Form 2 offence occurred two months later.

Discount for assistance

Brown

(38)

[1999] NSWCCA 349

Supply25.11gVG

MT 6m

AT 12m

ADno supply convictions

Female found in possession of drug.  Equipment associated with supply found at house.

Dependent daughter with minimal family support.  Suffering hepatitis.

Mason

[2000] NSWCCA 82

Supply3.1gPG

MT 3y

AT 1y

(cumulative to earlier assault sentence)

AA

MT 12m

AT 6m

 

Actual supply to undercover agent of 3.1g methylamphetamine.  Supply not isolated transaction but part of ongoing business.  Small cog in sophisticated dealing operation.

Drug addiction.

Davidson

[2000] NSWCCA 393

2 x Supply

 

Sched:

Possess cannabis

Firearm offence

6.6gPG

MT 9m

AT 18m

AA

3y GBB

(irrelevant and prejudicial material before SJ)

no relevant record

Supplied to police operative and discussed further supply.

Suffering medical condition.

Atkin

[2001] NSWCCA 54

4 x supply

 

Sched:

3 cannabis off

10.3g  (2% pure)

2.5g  (15% pure)

PG

2y 6m

NPP 12m

(concurrent to existing sentence)

Crown AD

(manifestly inadequate but about to be released)

 

Found by police in possession of methylamphetamine and equipment used for sale.  While on bail sold small amounts of methylamphetamine to police officer on 3 consecutive days.

Concurrency means will only serve 40 days

Donnelly

[2001] NSWCCA 203

Supply10.9gVG

MT 26m

AT 9m

(+1m PSC)

ADprior drug offences – appeal bail at time of offenceFound in possession of drug and equipment for supply.

Brown

[2001] NSWCCA 367

Supply x 2

 

Sched:

2 x possession

27.5g

22.8g

PG

5y

NPP 3y

AA

4y

NPP 2y.

drugs, property.On two occasions police found drugs in vehicle.  Aged 42.  Addict.  Strong subjective features.  Rehabilitation. Not previously imprisoned.

Groat

(39)

[2001] NSWCCA 452

3 x supply

2.83g

3.2g

30.52g

PG

(25%)

3y

NPP 2y

AA

2y 6m

NPP 18m

cultivation small number of plants

Supplied to undercover police officer.  Larger amount of drugs found in possession.

Erred in treating criminal record as aggravating factor.

Shaw

[2001] NSWCCA 498

Supply0.41gVG

30m

NPP 22.5m

AA

2y

NPP 12m

 

Small time dealer in amphetamines – Only dealt with in District Court because part of larger indictment at trial – Not isolated incident of dealing but erroneously dealt with as if representative of continuous dealing

Medical condition

Maarbani

[2001] NSWCCA 509

Supply

 

Sched:

7 offences

9.5g at 2.5% purityPG

2y 6m

NPP 18m

(cumulative to 6m for breach CSO)

AA

2y 6m

NPP 14m

consistent pattern of offending

Found in possession of drugs – offences taken into account include cultivation and drive manner dangerous

Manifestation of epilepsy subsequent to sentencing justifies reduction in sentence.

Holden

(23)

[2002] NSWCCA 397

Supply

 

Sched:

2 x possess cannabis

GIC

42.9g methyl

23.5g cannabis

6.8g resin

PG

4y

NPP 2y

AA

3y

NPP 18m

minor

Found in possession of drugs at premises- Small time supplier – Maintaining drug habit

Judge erred in finding supplier to significant degree – Failure to reflect guilty plea

Nastoski

[2002] NSWCCA 528

Supply14.9gPG

18m

NPP 10m

ADdrugs

Assisted another person in drug supply business – Supplied 100 tablets.

Late plea.

Dineen

(38)

[2003] NSWCCA 193

6 x Supply

 

Sched:

9 x supply

Various small amounts

PG

(20%)

6y 6m

NPP 4y

AA

5y

NPP 3y

Minor convictions for possessionFemale – Involved in sale of drugs in busy and thriving business from house

Roby

(54)

[2003] NSWCCA 242

2 x Supply

 

Sched:

3 offences

21.32g

19.68g

PG

8y

NPP 6y 6m

AA

8y

NPP 6y

2nd offence committed on bail – Similar offences

Female – Drugs found in house on first occasion and again three months later – Active drug dealer

Mitigating subjective features

Maessen

[2004] NSWCCA 160

3 x Supply

 

Sched:

3 minor offences

.74g

1.11g

.48g

PG

(see facts)

2y 9m

NPP 1y 9m

AA

18m

NPP 1y 1m 4d

(immediate release)

Minor – breached bondIsolated incidents – Could have been dealt with summarily – Objective seriousness of offending very low – Failure to give proper discount for utilitarian aspect of guilty plea – discount of 18.5% an error – new discount on appeal not stated)

Bradley

[2004] NSWCCA 88

Supply

 

Sched: Supply drug, 3 x possess drug

1g per day over two month period

PG

(25%)

2y

NPP 1y

ADNot statedFemale – drugs found in home – Admissions to police re supplying amphetamine on regular basis over two month period, selling 1 gram per day on behalf of another person to finance purchase of cannabis for her own use – Earned $2000 to $5000 per week for the person supplying her with drug.

Moss

(31)

[2004] NSWCCA 422

Supply 5.7g (21.5%)VG

16m

NPP 1y

AD – by majorityMinor; some drugs;

Found by police in possession of drugs

Female – fresh evidence of pregnancy – baby will live with mother for term of custodial sentence – mother to three other children

Payne

(34)

[2005] NSWCCA 84

Supply

34.7g

(only 17g for supply)

PG

(15% on appeal)

12m

NPP 9m

(PD)

concurrent to existing sentence

Crown AA

20m

NPP 12m

(PD)

cumulative

Assault and drug offence – breached bondObtained drug to share with partner – drug addicts – no commercial element

Schumacher

(32)

[2005] NSWCCA 335

Supply

 

Sched:

Drive disq

Not statedVG – offer to PG at trial

2y

NPP 13m

ADNil

Addicted to amphetamines and began supplying to fund personal use and drug debts – not commercial enterprise

Delay –offer to plea guilty not expressly taken into account – Female – Two children with co-offender (currently in jail) – positive urine tests while on Griffiths remand

Radisich

(36)

[2006] NSWCCA 52

Knowingly take part in supply

 

Sched:

4 offences

1.3g

PG

(25%)

2y 6m

NPP 12m

AA

2y

NPP 11m 7d

(immed release)

Minor

Assisted primary offender in series of transactions

Evidence of rehabilitation from drug abuse

Ghossein

[2006] NSWCCA 108

Supply13.3gVG

2y

NPP 18m

ADBES

A searched at police station – released upon finding no drugs – police found condom behind station containing drugs – DNA tests revealed condom had been in A's possession .

Drug addiction.  Supportive family.

Young

[2007] NSWCCA 114

Supply

Breach GBB

 

Sched:

Possess Meth

12.75 (approx)PG

Drug offence:

3y

NPP 18m

 

Total:

3y 5m 29d

NPP 1y 11m 29d

AA

To backdate sentence for supply:

 

Total:

3y 4m 9d

NPP 1y 10m 9d

Breached bail and bond for deemed supply offenceSupplied small amounts of crystal methylamphetamines to prostitutes over 2 months

Pearman

[2007] NSWCCA 342

Supply

90.5g

(250 tablets)

PG

(15%)

2y

NPP 14m

AA

1y 2m

NPP 10m

 

While at girlfriend's house, C (girlfriend's brother) telephoned that T would arrive with drugs for delivery to C – A offered to take drugs in his bag – girlfriend drove A in her car to C's house – intercepted by police who were conducting surveillance of T and C.

Incidental role – not involved for commercial gain – participation emerged from coincidental presence.

Cummings

[2007] NSWCCA 347

Supply19.28gVG

6y

NPP 4y

AA

5y 5m

NPP 4y

(To correct statutory ratio only)

Drug offencesFemale - Supplied to others from home.

Vera

[2008] NSWCCA 33

Supply19.5gVG

2y

NPP 6m

Crown AD 

Deemed supply – heavy drug user – jury not satisfied all drug found at house for personal use only

Significant evidence of rehabilitation

Huynh

(29)

[2008] NSWCCA 216

Supply

9 x Proceeds of Crime offences

29.42g

PG

(20%)

Drug offences:

4y

NPP 2y 6m

 

Total:

4y

NPP 3y 3m

ADSignificant – including drug offences

Drugs found in house with supply paraphernalia – supplied to friends and self use – below mid-range – proceeds of crime offences related to $3.5m over 4 months – very favourable factual findings

Vitenamese

Stanton

(42)

[2008] NSWCCA 326

Supply methylamphet

2 x Knowingly take part in supply methylamphet

Knowingly take part in supply ecstasy

 

Sched:

2 x supply

38.58g M

2.27g E

PG

(25%)

3y 9m

NPP 2y 3m

AA

2y 9m

NPP 1y 10m

Long record

Part of drug distribution – facilitator – Sold to undercover police operatives over I month – well above street dealing

Drug addict – aboriginal – care of three children – ill mother - parity

Reid

(34)

[2009] NSWCCA 37

Supply ecstasy

Supply methylamphet

Supply Ice

Knowingly take part in supply Base

 

Sched:

5 offences

1 tabs (4.99g)

3.31g

0.1-2g

0.08g

PG

(30% - plea and assist)

2y 1m

NPP 1y 4m

ADNil

Found in car weighing drugs – intended to supply to passenger – other drugs fond in car – admitted supplying ice – lower end of network

Drug addition – depression – good prospects of rehabilitation – voluntary disclosures – assistance – remorse

Scheers

[2009] NSWCCA 224

Supply

 

Sched:

8 offences

113g

PG

(25%)

6y 6m

NPP 4y 2m

ADLengthy.  On conditional liberty.

Offences detected during authorised control operation.

Drug use.

Mid range objective seriousness.

Quayle

(34-35)

[2010] NSWCCA 16

2 x supply

51.26g

67g

VG

 

PG

(25%)

8y

NPP 6y

AA

3y 3m

NPP 1y 9m

Traffic offences only

Truck driver found in possession of 51.26g methylamphetamine with supply paraphernalia – second offence committed in breach of bail 7 weeks later – found in possession of 67g

Drug user linked to employment as truck driver – evidence of rehabilitation

Scott

(29)

[2010] NSWCCA 103

Supply

 

s.166 Offences:

3 minor drug offences

 VG

2y 6m

NPP 1y 10m

(concurrent sentences)

AA

20m

NPP 15m

Nil relevant

Deemed supply 27.1g – found in freezer in home – drug user – low level seriousness – low purity

Good prospects of rehabilitation

Hunter

(38)

(2010) 208 A Crim R 353

Supply

Knowingly take part in supply

 

Sched:

Use premises for drug supply

0.96g

0.47g

0.92g

PG

(25%)

4y 6m

NPP 3y

AA

1y 8m

(immediate release)

Drug offenceFemale – assisted boyfriend in drug supply business run from appellant's home – involved in three supplies to undercover police officer

Fogg

(51)

[2011] NSWCCA 1

Supply

0.03g

1g

0.6g

0.5g

3.5g

PG

(25%)

4y 8m

NPP 3y 6m

ADLengthy record – beached bondFive separate supplies to undercover police officer over 17 days – part of organised but unsophisticated criminal enterprise involving several members of family – shielded brother from detection – small financial reward – second in charge – above med-range gravity

Sleiman

[2012] NSWCCA 58

Supply

 

Sched:

11 offences

21.8g

PG

(40% - plea and assist)

4y 6m

NPP 3y

AA

3y 9m

NPP 2y 6m

Lengthy

Police search of A – drugs found on his person and at his home.

Substance abuse.

SJ erred in finding A was on conditional liberty at time of offence.

Zaki

[2012] NSWCCA 109

2 x supply

 

Sched:

Offences

8.95g

3.07g

PG

3y 6m

NPP 2y

AD Deemed supply – found in possession of 8.95g after car accident – sustained head injury – ten months later found in possession 3.07g

Wicks

(24)

[2012] NSWCCA 208

2 x supply

 

Sched:

4 x supply

28g

26.9g

PG

(25%)

3y 3m

NPP 1y 9m

ADNil

Involved in supply operation with others including wife and brother – mid-level role.

Previous good character – father of young children - special circumstances – first time in custody.

Ayache

[2013] NSWCCA 41

Supply

 

Sched:

Possess cannabis

249.9g

PG

(25%)

5y

NPP 2y

AD Drugs found at A's residence and on his person.

Brown

[2013] NSWCCA 44

Supply

 

 

16.4g

PG

(25%)

3y 9m

NPP 2y 6m

AA

Sentence backdated by 195 days to take into account quasi-custody.  Otherwise confirm sentence orders.

 

Drugs found in A's hotel room.

Quasi-custody - judge erred by failing to allow discount for time served in rehabilitation – significant progress made at drug rehabilitation centres.

Taleb

[2013] NSWCCA 115

Supply182g

PG

(25%)

3y

NPP 2y

ADRecord not substantial

Involved in drug syndicate run by prisoner – courier

Significant remorse

Tabuan

[2013] NSWCCA 143

Supply150gVG

2y 2m

NPP 16m

ADNil relevant

Involved in drug supply with co-offenders – lower end of hierarchy - evidence not sufficient to support findings relating to applicant's knowledge of drug transaction – no direct evidence A knew the supply transaction was in order of 150g – error established but no lesser sentence warranted.

Good character – good rehabilitation prospects.

O'Connor

(42)

[2013] NSWCCA 226

Supply34.9gPG

3y 6m

NPP 2y

ADLengthy record

Found in possession of drugs in country hotel room

Difficult childhood – early drug abuse – supporting habit

Tran

[2013] NSWCCA 322

Supply22.05g

PG

(25%)

19m

NPP 14m

ADMurder

Drugs located in A's car.- low level operative - courier

Partially concurrent with parole for Murder sentence – breached parole on number of occasions.

West

[2014] NSWCCA 250

Supply

 

Sched:

4 offences

245.22g

PG

(25%)

2y Intensive Correction OrderCrown ADDriving, AOABH

Police located drugs and other items at A's premises - objective seriousness relatively high - A trafficking in drugs to a substantial degree - quantity of drug involved of 245.22g was significant, being 5g short of commercial quantity.

Sentence manifestly inadequate – appeal dismissed in exercise of residual discretion

EF

(36)

[2015] NSWCCA 36

Supply

 

Deal with proceeds

8.7g

PG

(25%)

2y

NPP 6m

AA

1y 3m

Suspended

(served 2m)

Minor – non-custodial

Found in possession of 8.7g – admitted selling on regular basis to support habit and purchase food – commenced using drugs when working long hours on farm – lost job when farm burnt down

Difficult family circumstances with two small children – good prospects of rehabilitation – failure of SJ to consider ICO at first instance - assistance

Pak

(58)

[2015] NSWCCA 45

2 x supply

 

s.166 Cert:

2 x possess drugs

DUI drugs

6.17g

6.48g

PG

(12.5%)

Total:

21m

NPP 12m

ADDriving

Stopped by police when seen driving erratically – driving under influence of drugs – search at home discovered drugs and paraphernalia – trafficking to a substantial degree – relatively low level seriousness

Depression, insomnia – unemployed due to back injury – arrived in Australia in 2004 from Iran

Donaghey

[2015] NSWCCA 119

Supply

 

Sched:

Goods in custody

Supply heroin

12.46g

 

4.46g

PG

(disc not stated)

2y 4m

NPP 21m

AA

2y

NPP 1y 4m

Record including drugs – breached paroleFound by police in car with drugs and over $1,300 in cash – low level street dealing by addict

Mitreski

(34)

[2015] NSWCCA 137

6 x supply

 

Sched:

3 x supply

Proceeds

Total: 330g

PG

(25%)

Agg Sentence:

4y 4m

NPP 3y 3m

ADNil

Supplied small amounts over several months – financial profit – trafficking – found in possession of $14,050

Supporting gambling and drug habit – prior good character

Knight

[2015] NSWCCA 222

4 x supply

Total

51.73g

PG

(25%)

Agg sentence:

3y 4m

NPP 1y 9m

ADCannabis offences

Sold drugs in Bourke on behalf of supplier over four months – street dealer – deliberate and pre-planned – used 15y to transport some drugs – some offences committed in presence of young children

Unemployed – aboriginal – high level of remorse

Lago

(41)

 

[2015] NSWCCA 296

Supply55.6gVG

4y

NPP 2y 6m

ADSupply drugs

Supplied drugs to truck driver who was consuming the drug whilst driving – police surveillance.

Highly dysfunctional upbringing - mental disorders – special circumstances - some prospects of rehabilitation

Pannowitz

(44)

[2016] NSWCCA 13

2 x Supply

 

Sched:

3 x Deal proceeds crime; Possess drugs; Possess proh weapon

62.62g

40.05g

 

 

 

PG

(25%)

Total:

4y 9m

NPP 3y

ADDrug matters, property, driving. On bail.

Drugs located during police search of A's vehicle and residence.

Whether A should be regarded as being addicted to drugs unclear on evidence

Price

(44)

[2016] NSWCCA 29

Supply

 

Sched:

Possess proh drug, Proceeds of crime

15.53g

PG

(10%)

3y 3m

NPP 2y 8m

ADDrug offences.

Police located quantities of methylamphetamine and cannabis at A's home - sum of $2,450.00 in cash, digital scales and numerous resealable bags also found.

Long-term drug user.

Wiseman

(37)

[2016] NSWCCA 61

Supply14.54g

PG

(25%)

2y

NPP 18m

AD

Larceny, Goods in custody, Drugs.

On bond.

A put container containing drugs in his mouth when approached by police.

Drug addiction.

Kelloway

(30)

[2016] NSWCCA 95

Supply27gVG

2y

NPP 18m

AA

2y

NPP 16m

On bail. First time in custody.

A, drug-user, with plan to supply to one friend only with 50% cost and share agreed - commercial venture designed to save both money and to get better quality product for lower price -  A had put himself above usual drug user/drug dealer into a position more akin to a drug courier/wholesaler, even if not distributing to a wider range of people.

Drug and alcohol abuse – dysfunctional upbringing

CCA: Special circumstances - first time in custody -  ongoing need for rehabilitation.

Abdul-Hamid

(33)

[2016] NSWCCA 118

Supply

27.9g

139.9g

VG

5y

NPP 3y

ADdriving, drugs, dishonestyWith co-offender involved in drug operation – police located package containing drugs left by co-offender - cash, digital scales, resealable plastic bags later located at A's home – greater role than co-offender.
Taysavang

(44)

 

 

 


Lee

(36)

 

[2017] NSWCCA 146

​Supply methylamphet

 

 

 

 


Supply methylamphet

​82.5g

 

 

 

 

 

82.5g

​PG

(25%)

 

 

 

 

PG

(25%)

4y 6m

NPP 3y 4m

 

 

 

 

4y 6m
NPP 2y 6m

​AA

3y 6m
NPP 2y 7m

 

 

 

3y
NPP 2y

Lengthy record – drugs, dishonesty, violence, burglary

 

Less serious record

​Ad hoc members involved in small organised group – assisted in supplying drugs to undercover officer – T greater involvement – not regular dealers

T – born in Laos – difficult childhood

L – born in South Korea – drug addiction and deterioration of mental health

 Last updated: 17/7/2017

 

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