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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 - 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  

Case Offence Amount Plea Sentence Appeal Record Facts

McGrath
(34)


NSW CCA
20.4.1993

Supply

26-7g

PG

MT 18m
AT 6m

AD

recog, stealing, supply (gaol)

Deemed supply: drugs found on A.

Sabbah
(18)


NSW CCA
17.12.1993

Supply

10.91g

PG

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

56g

PG

MT 12m
AT 12m

AD

includes 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

9.7g

PG

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

21.75g

PG

MT 18m
AT 6m

AD

extensive

no details

Woodger
(39)


NSW CCA
21.9.1995

supply

6.95g

VG

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

supply

7.28g

VG

MT 6m
AT 9m

AD

nil

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

AD

drugs, 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)


NSW CCA [349]
25.10.1999

Supply

25.11g

VG

MT 6m
AT 12m

AD

no supply convictions

Female found in possession of drug. Equipment associated with supply found at house.
Dependent daughter with minimal family support. Suffering hepatitis.

Mason


NSW CCA [82]
22.3.2000

Supply

3.1g

PG

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


NSW CCA [393]
21.6.2000

2 x Supply

Sched:
Possess cannabis
Firearm offence

6.6g

PG

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


NSW CCA [54]
20.2.2001

4 x supply

Sched:
3 cannabis off

10.3g (2% pure)
2.5g (15% pure)

PG

2y 6m
NPP 12m
(concurr 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 methamphetamine to police officer on 3 consecutive days.
Concurrency means will only serve 40 days

Donnelly


NSW CCA [203]
9.5.2001

Supply

10.9g

VG

MT 26m
AT 9m
(+1m PSC)

AD

prior drug offences - appeal bail at time of offence

Found in possession of drug and equipment for supply.

Brown


NSW CCA [367]
12.9.2001

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)


NSW CCA [452]
17.10.2001

3 x supply

2.83g
3.2g
30.52g

PG

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


NSW CCA [498]
21.11.2001

Supply

0.41g

VG

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


NSW CCA [509]
13.12.2001

Supply

Sched:
7 offences

9.5g at 2.5% purity

GP

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)


NSW CCA [397]
27.9.2002

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

NSW CCA [528]
20.12.2002

Supply

14.9g

PG

18m
NPP 10m

AD

drugs

Assisted another person in drug supply business - Supplied 100 tablets.
Late plea.

Dineen
(38)


NSW CCA [193]
14.7.2003

6 x Supply

Sched:
9 x supply

Various small amounts

PG

6y 6m
NPP 4y

AA
5y
NPP 3y

Minor convictions for possession

Female - Involved in sale of drugs in busy and thriving business from house

Roby
(54)


NSW CCA [242]
19.8.2003

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


NSW CCA [160]
15.3.2004

3 x Supply

Sched:
3 minor offences

.74g
1.11g
.48g

PG

2y 9m
NPP 1y 9m

AA
18m
NPP 1y 1m 4d
(immediate release)

Minor – breached bond

Isolated incidents – Could have been dealt with summarily – Objective seriousness of offending very low – Failure to give proper discount for utilitarian aspect of guilty plea

Bradley


NSW CCA [88]
6.4.2004

Supply

Sched: Supply drug, 3 x possess drug

1g per day over two month period

PG

2y
NPP 1y

AD

Not stated

Female – 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)


NSW CCA [422]
2.12.2004

Supply

5.7g (21.5%)

VG

16m
NPP 1y

AD – by majority

Minor; 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)


NSW CCA [84]
5.4.2005

Supply

34.7g
(only 17g for supply)

PG

12m
NPP 9m
(PD)
concurrent to existing sentence

Crown AA
20m
NPP 12m
(PD)
cumulative

Assault and drug offence - breached bond

Obtained drug to share with partner – drug addicts – no commercial element

Schumacher
(32)


NSWCCA [335]
22.9.2005

Supply

Sched
Drive disq

 

VG - offer to PG to lesser charge

2y
NPP 13m

AD

Nil

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 - Two children with co-offender (currently in jail) – positive urine tests while on Griffiths remand

Radisich
(36)


NSW CCA [52]
3.3.2006

Supply

Sched:
4 offences

1.3g

PG

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


NSW CCA [108]
5.4.2006

Supply

13.3g

VG

2y
NPP 18m

AD

BES

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


NSW CCA [114]
26.4.2007

Supply
Breach GBB

Sched:
Possess M

 

PG

Drug offence:
3y
NPP 18m

Total:
3y 6m
NPP 2y

AA
Only to backdate sentence

Breached bail and bond for deemed supply offence

Supplied small amounts of crystal methylamphetamines to prostitutes over 2 months

Pearman


NSW CCA [342]
10.12.2007

Supply

90.5g
(250 tablets)

PG

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


NSW CCA [347]
4.12.2007

Supply

19.28g

VG

6y
NPP 4y

AA
5y 5m
NPP 4y
(To correct statutory ratio only)

Drug offences

Female - Supplied to others from home.

Vera


NSW CCA [33]
25.2.2008

Supply

19.5g

VG

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)


NSW CCA [216]
22.9.2008

Supply
9 x Proceeds of Crime offences

29.42g

PG

Drug offences:
4y
NPP 2y 6m

Total:
4y
NPP 3y 3m

AD

Significant – 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
Vietnamese

Stanton
(42)


NSW CCA [326]
17.12.2008

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

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)


NSW CCA [37]
25.2.2009

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

2y 1m
NPP 1y 4m

AD

Nil

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

Scott
(29)


NSW CCA [103]
25.5.2010

Supply

s.166 Offences:
3 minor drug offences

27.1g

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)

 

NSW CCA [330]
21.12.2010

Supply

Knowingly take part in supply

 

Sched:

Use premises for drug supply

0.96g

0.47g

0.92g

PG

4y 6m NPP 3y

AA

1y 8m

(immediate release)

Drug offence

Female – assisted boyfriend in drug supply business run from appellant’s home – involved in three supplies to undercover police officer

Fogg
(51)

 

NSW CCA [1]
4.2.2011

Supply 0.03g

1g

0.6g

0.5g

3.5g
PG 4y 8m NPP 3y 6m AD Lengthy record – beached bond Five 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

Zaki

 

NSWCCA [109]
4.6.2012

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)

 

NSWCCA [208]
20.9.2012

2 x supply

 

Sched:

4 x supply

28g

26.9g

PG

3y 3m
NPP 1y 9m

AD

Nil

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

 

NSWCCA [41]
27.2.2013

Supply

 

Sched:

Possess cannabis

249.9g

PG

5y
NPP 2y

AD

 

Drugs found at A’s residence and on his person.

Brown

 

NSWCCA [44]
7.3.2013

Supply

 

 

16.4g

PG

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

 

NSW CCA [115]
22.5.2013

Supply

182g

PG
(25%)

3y
NPP 2y

AD

Record not substantial

Involved in drug syndicate run by prisoner – courier

Significant remorse

Tabuan

 

NSW CCA [143]
25.6.2013

Supply

150g

VG

2y 2m
NPP 16m

AD

Nil 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)

 

NSWCCA [226]
14.10.2013

Supply

34.9g

PG

3y 6m
NPP 2y

AD

Lengthy record

Found in possession of drugs in country hotel room

Difficult childhood – early drug abuse – supporting habit

Tran

 

NSWCCA [322]
20.12.2013

Supply

22.05g

PG

19m
NPP 14m

AD

Murder

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

45.22gPG2y Intensive Correction Order​Crown ADD​riving, 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

​8.7gPG

(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

PGTotal:

21m
NPP 12m

​AD​DrivingStopped 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: 330gPG

(25%)

Agg Sentence:
4y 4m
NPP 3y 3m

​AD​NilSupplied 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

​Supply55.6g​VG​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)

[2015] 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