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Legal Research > Sentencing Tables

Drugs - Cannabis - Supply Less than Commercial Quantity

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

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

s.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10y (where plant or leaf)

Commercial Amount: leaf - 25 kg; plant - 250

 

CaseOffenceAmountPleaPriorsOriginalAppealFacts

Vermuelen

NSW CCA
30.3.1994

Supply leaf

2.4kg

($16,000)

VGminor matters: no trafficking

MT 15m

AT 5m

AD

Drug found in car when breath tested.  Also had bags used for distribution.

Cannabis user, reasonable prospects of rehabilitation

Gillett
(21)

NSW CCA
8.7.1994

Supply leaf330.5gPG

poor

fined for possess 3 weeks prior

MT 6m

AT 18m

AA

MT 5m

AT 12m

Often purchased drug and supplied to friends for no payment.

Neurological problems due to car accident and assault.  Problem with drugs and alcohol.

McWilliams
(49)

NSW CCA
1.8.1994

Supply leaf

 

Sched:

3 x supply cannabis

various: on one occas 1kgVG

possess cannabis

committed on recog

MT 18

AT 6m

ADTaped telephone conversation agreeing to supply on various occasions.

Edmondson

NSW CCA
2.8.1994

Supply leaf1660 gVG

cannabis offences

on bond for cannabis cultivate

500hrs CSO

Crown AD

Unduly lenient but exercised discretion

Drug found in house.

Extremely heavy user.  Evidence of rehabilitation, including abstaining from cannabis and purchasing and operating a bakery.

Nestoroski
(34)

NSW CCA
4.10.1994

2 x supply leaf

 

Sched:

4 offences

433g ($4,200)

2.2 kg ($21,000)

PGnil

18m PD

3y GBB

Crown AD

unduly lenient but court exercised discretion

Supplied to u/cover police officer.  Middleman in supply of cannabis.

Good subjectives.

Iskander

NSW CCA
26.10.1994

Supply leaf1516.3gVG 250h CSOConviction ADPlants and leaf found at house.

Ortiz

NSW CCA
3.11.1994

Supply leaf

 

Sched:

2 offences

3.6424kg

($133,000)

PG4 x summary offences200h CSO

Crown AD

unduly lenient but court exercised discretion

Drugs found in home wrapped in bags, with other equipment.

Severely addicted.

Abernethy
(47)

NSW CCA
6.12.1994

Knowingly take part in supply leaf VGsupply

MT 3y

AT 1y

ADCannabis and various equipment found at A's house.  Engaged in large scale commercial operation.

Deboer

NSW CCA
7.12.1994

Supply leaf

Supply cannabis

 

Sched:

Possess unlicenced firearm

not statedPG 

MT 3y

AT 1y

AA

MT 12m

AT 12m

Little facts.

Police Officer.  Psychiatric evidence of personality disorder.  Crown conceded sentence excessive.

Regan

NSW CCA
30.3.1995

2 x Supply leaf

Actual: 421.5g

Offer: 15kg

PG

robberies

of good behaviour for several years

6m PD

3y GBB

Crown AA

FT 6m

(+2m PSC)

Cannabis sold to under cover police for $4,800.  Negotiations on 15kg agreement broke down.

Not a matter of mitigation even if talk of supplying 15kg was huff and puff

Green

NSW CCA
4.8.1995

Supply leaf482.9gVGdrugs

MT 9m

AT 3m

AD

Deemed supply.

Long term chronic user of heroin.

Sokvari

NSW CCA
22.5.1996

Supply leaf1018.2gVG 

MT 18m

AT 12m

AD

Observed by police supplying.  In search of house police found drug in 5 plastic bags.

Appeal based on assault in gaol after sentence.

Velardi

NSW CCA
24.5.1996

Knowingly take part in supply leaf VG 

MT 4y 5m 7d

AT 18m

ADInvolved with son in supply to undercover police

Pont

NSW CCA
29.5.1996

2 x Supply leaf

3.2kg

2.4kg

PG 

MT 2y 6m

AT18m

AD

upper end of scale

3.2 kg found in car - attempting to sell it door to door.  2.4kg found at house.  Absence of normal indicia of long-term trafficking.  Not dealt with as person engaged in long term dealing.

Johns

NSW CCA
22.8.1996

Supply leaf

 

Sched:

2 offences

$48,000-$100,000PGdrugs, on recog at time of offence

MT 10m

AT 10m

(one third discount for assistance)

ADFemale - Drugs found in house in plastic bags.  Street level drug trafficker.  Admitted supplying 8oz per week for last 3-6 months.

Joseph

 

 

 

 

Wright
(female)

 

NSW CCA
16.12.1996

Supply leaf

 

Sched:

Supply amphet

 

Supply leaf

 

Sched:

Supply amphet

a few poundsPG

Minor and old

 

 

 

 

Long history, including gaol

MT 18m

AT 6m

 

 

 

MT 18m

AT 6m

AA

MT 15m

AT 5m

(parity)

 

AD

Listening devices recorded transactions.  Difficult to ascertain amounts.

Garvie
(40)

NSW CCA
24.3.1997

Supply leaf14.14kgPGpriors including minor drugs5y GBB

Crown AA

MT 12m

AT 5m

Drugs found in car ready for supply.  Admitted taking drug to Sydney to find buyer.

Back injury and family in South Australia.

On appeal:  appropriate sentence would be total two and a half to three years.

O'Brien

NSW CCA
7.4.1997

Supply leaf

 

Sched:

4 offences

6.6gVGdrugs but no prison

MT 1y

AT 1y

MT 11m

AT 12m

(parity)

Involved in dealing with co-offender.  Police found heads and seeds at house.

Heffernan

NSW CCA
8.4.1997

Supply leaf1.8kg  

MT 15m

AT 15m

AD

Supplied undercover police officer.  SJ found A had made threat to officer.

Although SJ should not have taken threat into account, sentence appropriate.

Dematre
(23)

NSW CCA
16.5.1997

Supply leaf946gVGBES: CSO and bondFT 6m

AA

12m PD

Found in car after police chase.

Good character evidence.

On appeal argued parity with co-offender.

Bradshaw
(35)

NSW CCA
4.8.1997

3 x Supply cannabis

1kg

1oz

1oz

VGnil drug

MT 12m

AT 4m

AD

Drugs and equipment found at house.  Told police he had bought 3pd and sold two 1oz amounts.

Committed for financial gain.

Heavy user of cannabis for long time..

Doctor

NSW CCA
20.5.1998

Supply leaf

 

Sched:

GIC ($15,000)

12 lbsPG 300hrs CSO

Crown AA

18m PD.

Involvement on the periphery.  Transported drugs from SA to NSW

CSO completed

Warner
(53)

NSW CCA
2.12.1998

Supply leaf

 

Sched:

4 offences

3.493kg - $90 000 street valuePGnilFT 12mAD

Supplied cannabis only to friends.  Not for profit.

Suffers from depression and has suicidal tendencies;  received death threats in gaol; serving sentence on protection.

Shepherd

[1999] NSWCCA 162

Supply PGnil

MT 9m

AT 1y

AD

Amount not stated but could have been dealt with in Local Court.  Role of 'go-between'.

Prior good character.  Good subjective features.  Fully employed.

Hewitt

[1999] NSWCCA 264

Supply leaf

 

Sched:

3 offences

445gPGnil

MT 12m

AT 12m

ADDrugs found during search of house.  Total value of drugs - $22,620.

AMD
(40)

(1999) 107 A Crim R 518

2 x Supply leaf

446g

9061g

PGDrugs, firearms3y PDCrown AD

Supplied leaf receiving $3600.  Supplied more after agreeing to sale for $60,000.

Employed, stable domestic relationship with children, ongoing assistance to authorities involving large number of offenders.

Taylor

[1999] NSWCCA 309

Supply leaf3.15kgVG 

MT 9m

AT 18m

Conviction ADArrived from Adelaide with cannabis in luggage.

Elomar

[2000] NSWCCA 431

Supply cannabis

 

Sched:

6 offences

359.3gPG

23 prior convictions - some serious.

Offence committed on parole

MT 9m

AT 1y 9m

AA

MT 9m

AT 1y 3m

Cannabis found at appellant's home.

Lennan
(28)

[2001] NSWCCA 17

2 x Supply cannabis leaf

5,783g

671.5g

PGnil

3y

NPP 12m

ADSold cannabis more than 70 times over one month period.  Police found second amount of cannabis in shed during search.

Hagopian
(29)

[2001] NSWCCA 149

Supply leaf

 

Sched:

2 offences

657.9gPGprior conviction for similar offence

2y 8m

NPP 2y

ADObserved by police to supply cannabis.  Found in possession of amphetamines and $1188.  Caller to applicant's mobile phone sought to arrange another supply - not an isolated offence.

Teuma
(27)

[2001] NSWCCA 369

Supply

 

Sched:
2 offences

10kgPGtreated as first offender

3y

NPP 1y

ADFound in possession of 10kg of cannabis heads - admitted involvement in supply.

Saldaneri

[2001] NSWCCA 480

Supply cannabis5017.5gmPGdrugs, property

20m

NPP 15m

ADDrugs found during police search of A's premises.

Canino
(40)

[2002] NSWCCA 76

Knowingly take part in supply17.3kgPG 2y suspended

Crown AA

2y

NPP 9m

Involved in bring drugs from SA to NSW to fill order - Significant role

Sparos

1.


[2002] NSWCCA 52

 

Supply cannabis leaf

 

Sched:
2 offences

13 x 1ozPGrecognisance for AOABH

12m suspended

$3,500 fine

Crown AA

FT 1y

$3,500 fine

Received drugs from supplier and on-selling them.

39days PSC - Rehabilitation

Lyberopoulos

[2002] NSWCCA 280

Supply leaf4.930kgVGfraud and dishonesty

2y

NPP 12m

ADDrugs found in car - commercial venture.

Ramaz
(22)

[2003] NSWCCA 91

13 x supply leaf

 

Sched:

3 offences

1-12: small amounts

13: 1.723g

PGon bail for similar offence

18m

NPP 8m 17d

Crown AA

2y 2m

NPP 14m

Over 3 months sold small amounts of cannabis to 80 customers per day - Major drug dealing business

Previous good character - Difficult childhood - Prospects of rehabilitation - Importance of personal deterrence

A Girard

 

T Girard

 

[2004] NSWCCA 170

Supply cannabisApprox 8kgPG

Insignificant

 

Nil

3y

NPP 18m

AD

Husband and wife heavily involved in large scale supply of cannabis leaf to users and suppliers – Equal liability

Evidence of good character – Three young daughters

Livas

[2006] NSWCCA 54

Supply cannabis2.26kgPG FT 6m

AA

6m – suspended

Agreed to collect drugs for $500 payment – one off supply – deemed supply – lower end of scale

Carer for parents

Peachey

[2011] NSWCCA 30

Knowingly take part in supply cannabis leaf15-16kgPG 

5y 3m

NPP 3y 11m 7d

ADFemale - Involvement in cannabis distribution over 13 months – sophisticated and substantial network – at the apex of the network and the organising and controlling mind – greed