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Legal Research > Sentencing Tables

Drugs - Cocaine - Import 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.233B(1)(b) Customs Act 1901 (Cth) - import prohibited drug
  • s.235(2)(c) Customs Act 1901 (Cth) - maximum penalty life (commercial amount)
  • Commercial amount: 2kg
Case Offence Amount Plea Record Sentence Appeal Facts

Pereira
(25)

(1991) 57 A Crim R 46

Import
Possess trafficable qty cocaine
6.094kg
1.422kg
PG nil 10y
NPP 6y
(concurrent sentences)
Crown AA
13y
NPP 8y 6m
Principal who had actively recruited others.
Excellent prospects of rehabilitation.

Luckier
(68)

NSW CCA
26.3.1993

Import 3.387kg. VG

 

8y 6m
NPP 5y 6m
AD Colombian.

Warfield
(41)

(1994) 73 A Crim R 516

Conspiracy to import 4.378kg PG
(SI)
nil 7y
NPP 4y 6m
Crown AA
9y
NPP 6y
Arranged for collection of consignment and store it until further orders. To receive $50,000. More than mere courier.
In secure employment with no indication of financial need.

Saade

NSW CCA
27.9.1996

Knowingly involved in importation 4.009kg VG

 

12y
NPP 6y 9m
Conviction AD Found secreted in luggage at airport. Higher than courier but lower than principal.

Barsky

NSW CCA
12.12.1997

Import 3.133kg (pure) PG

 

10y
NPP 7y 6m
AA
10y
NPP 6y
Cocaine in windsurfer. Participated in controlled delivery from airport. More than mere courier. To receive $40,000 for involvement.
Reduction for assistance.

Bernier
(47)

(1998) 102 A Crim R 44

Import 2.0451kg (pure) PG nil 12y
7y 6m NPP
AA
9y
5y 6m NPP
Found at airport with drugs attached to body. Drug user in Canada. Importing drug to pay off debt to bikie gang. He and wife threatened. Sentenced as a courier who will not re-offend.

Jiminez

NSWCCA [7]
24.2.1999

Import 3.01kg (pure) PG

 

12y
NPP 6y 8m
AA
9y
NPP 6y
Imported drugs in unaccompanied suitcase.
Refugee, previously incarcerated in Nicaragua without trial for 9 years . Assistance to authorities. Medical condition, good prospects of rehabilitation.

Spiteri
(47)

NSW CCA [3]
24.2.1999

Import 8.347kg (pure) VG nil 14y
NPP 8y
Crown AD Sent horse carriage and ramp from Nicaragua to Australia containing cocaine. More culpable than courier - probably a partner in enterprise.
Not driven to crime by need, association or duress.

Whitney
(56)

NSW CCA [38]
5.3.1999

Import 2.79 kg (pure) PG

 

7y
NPP 4y 6m
AA
6y
NPP 3y 9m
(parity)
Baggage found to contain drugs. Acted as courier for $30,000.
US citizen. Significant assistance to authorities leading to risk of danger to appellant and family.

Stead

NSW CCA [41]
12.3.1999

Conspiracy to import 4 kg (approx) PG

 

10y
NPP 5y
AD Imported cocaine in computers with co-offenders. Difficult to classify role - not dealer, main organiser or financier.

Diaz
(22)

NSW CCA [123]
14.5.1999

Co-accused:

SAAVEDRA
REARDON
MICHAELS
TAYLOR

Conspiracy to import 50 kg (proposed importation) G nil 5y
NPP 2y 6m
AD Female - Conspired with 6 others to import 50kg. Ceased to be conspirator one week prior to arrest. Provided assistance interpreting conversations for organisers.
High order of assistance.
Bellorini



Ruiz

NSW CCA [50]
7.3.2000
Import
Possess comm qty cocaine

Import
4kg
4kg


4kg
PG



PG
nil



nil
9y
NPP 6y


7y 9m
NPP 4y 9m
AA
8y
NPP 5y

AD
2 females - Four offenders brought 4kg cocaine each from America in backpacks. R arrested at airport. B arrested at hotel room with co-offender and his cocaine.
Not isolated importation, motivated by greed, hardship of being incarcerated in foreign country
R - mother of young children, co-operated with police.

Koert
(29)

NSW CCA [21]
18.2.2000

Import 2.435kg (pure) PG

 

5y
NPP 3y
AD Female brought drugs in from Chile. Co-operated with police for 5 days. Seeking to raise money to return to children she left in South Africa when husband's threat to kill her forced her to leave. Courier.

Guzman








Henao
(55)

NSW CCA [261]
20.4.2000





Co-accused:

UZABEAGA

Knowingly concerned in importation comm. qty
Knowingly concerned in import trafficable

 qty

Knowingly concerned in importation comm. qty
Knowingly concerned in import trafficable qty

Sched:
Possess proceeds of crime

2.635kg
1.249kg







2.635kg
1.249kg
PG








PG
no priors








prior drug offence
12y 6m
NPP 9y 6m
FT 7y
(concurrent)





17y 6m
NPP 13y 6m
FT 8y
(concurrent)
AA
12y 6m
NPP 7y 6m






17y 6m
NPP 12y
Husband and wife took delivery of packages containing cocaine. Both principals - husband head of drug syndicate in Australia.
Appeal allowed on basis Judge erred in setting non parole period at 75% head sentence.

Meggett
(25)

(1999) 107 A Crim R 257
(Wood CJ at CL)

Co-offender:

GONZALEZ-BETES
FLAVEL
VAQUERE

Import 171.2793kg (pure) PG

 

10y
NPP 6y

 

Sailed boat containing cocaine from Cuba. No knowledge of amount. More than courier but less than mid-level executive.
Prior good character - favourable prospects of success - good assistance to police.

Romero-Cepeda

NSW CCA [229]
9.6.2000

Co-offender:

TORO-MARTINEZ

Knowingly concerned in importation 3.5739kg (pure) VG

 

11y
NPP 6y 6m
AD
(no parity issue)
Controlled delivery of cocaine set in plastic folders to various addresses in Australia from Colombia. Chemist sent to Australia to extract cocaine from plastic folders - high criminality.

Saavedra

NSW CCA [234]
9.6.2000

Co-accused:

DIAZ
REARDON
MICHAELS
TAYLOR

Conspiracy to import 50kg PG

 

7y
NPP 4y 6m
AD Female - Plan to import drug in wine failed when unable to obtain cocaine from South America. Made contact with persons in South America who could supply drug.
Assistance to authorities.

Aussem

NSW CCA [220]
9.6.2000

Import 2.96kg (pure) PG

 

8y
NPP 2y 6m
Crown AA
6y
NPP 3y
Arrested at airport carrying drugs.
Substantial assistance to authorities resulting in personal risk. 50% reduction in NPP.
Health problems.

Bateman
(43)

NSW SC [915]
James J
18.9.2000

Co-accused:

BARTLE
DIEZ
FRY
ROBERTI

Knowingly concerned in importation 383.4kg PG offence committed while escaped from custody - drug offences 13y
NPP 8y 6m

 

Involved in arranging importation through yacht. Cocaine valued at over $62million. Offence involved elaborate planning, many participants and large expenditure. Important organising role but below mid-level executive.
50% discount for all subjective features including extensive assistance.

Uzabeaga 

(2000) 119 A Crim R 452






Co-accused:

HEAO
GUZMAN

Knowingly concerned in importation comm. qty
Knowingly concerned in importation traff qty

Sched:
Possess proceeds of crime
2.6354kg (pure)
1.249kg (pure)
PG nil 15y
NPP 11y 6m
FT 6y
(concurrent)
AA
12y 6m
NPP 7y 6m
Arranged customs clearance and collection of two consignments of cocaine concealed in satellite equipment. Role greater than courier.
Assistance to authorities; delay.

Richards

(2002) 133 A Crim R 14

Conspiracy to import 4kg VG lengthy 12y
NPP 8y
AA
9y
NPP 6y
(Parity)
Involved in conspiracy to import cocaine from America - principal role as financier and organiser.

Gonzalez-Betes 

NSW CCA [226]
8.6.2001

Co-offender: 

MEGGETT
FLAVEL
VAQUERE

Knowingly concerned in importation 172.2kg (pure) VG

 

Life
NPP 22y
AD Female - Involved in importation of drugs in yacht. Mid level executive.

Flavel

NSW CCA [227]
8.6.2001

Co-offender: 

MEGGETT
GONZALEZ-BETES
VAQUERE

Import 172.2kg (pure) VG

 

Life
NPP 25y
AD Involved in importation of drugs through yacht. Mid level executive.

Salgado-Silva

NSW CCA [423]
28.9.2001

Co-Accused:

CORDERO-VIDAL

Import 8.105kg (pure) PG
(at close of Crown case)
nil 17y
NPP 13y
AA
17y
NPP 11y 4m
A and co-accused arrived at Sydney Airport posing as cameramen to do work for NBC on Olympic Games. Drugs located inside camera equipment. Middle man - more than courier
Assistance to authorities

Cordero-Vidal

(2002) 128 A Crim R 543

Co-Accused:

SALGADO- SILVA

Import 8.105kg (pure) VG

 

16y
NPP 11y
AA
16y
NPP 10y 8m
Assisted co-offender to bring in cocaine in video camera battery belts.

Reardon
(49)


Michaels


Taylor
(55)

NSW CCA [203]
4.6.2002

Co-offenders:

DIAZ
SAAVEDRA

Conspiracy to import


Conspiracy to import

Conspiracy to import
50kg VG



VG


VG
Petty criminal - old AR offence


On parole for drug offence

Long history including drug offences
17y 11m
NPP 14y


20y
NPP 16y

12y
NPP 10y
AA
17y 11m
NPP 12y

18y
NPP 13y

12y
NPP 8y
Conspiracy to import drugs from Chile using wine importing business
R - a principal - organiser - Prospects of rehabilitation - Carer for disabled wife, 15y stepson and younger disabled son
M - made arrangements for supply of cocaine from Chile - Prospects of rehabilitation
T - Lesser involvement - physical and mental illness

Zuluaga-Gomez
(40)

NSW CCA [358]
4.9.2002

Import trafficable
Import commercial
1.153kg (pure)
9.0166kg (pure)
PG nil 6y
9y
(cumulative)

Total:
15y
NPP 9y 9m
AA
5y
7y
(cumulative)

Total:
12y
NPP 8y
Paid man to receive two packages containing reels of audiotape from Ecuador - Contained cocaine - Subsequently received package of batteries containing larger amount - Significant involvement - more than mere courier
Financial gain - Family in Colombia - Assistance

Mazzitelli
(29)

NSW CCA [436]
31.10.2002

Knowingly concerned in importation 17.4927kg (pure) VG nil relevant 19y 8m
NPP 12y 4m
AD Arranged with brother in law to have steam cleaning machine imported through company - Involved in arranging delivery of machine and payment - More than courier
Motivated by greed

Mascaro-Varillas
(27)

NSW CCA [524]
23.12.2002

Knowingly involved in importation 2.9691kg (pure) PG nil 15y
NPP 11y
AA
15y
NPP 10y
Co-offender arrived in Sydney from Buenos Aires - cocaine found strapped to his body - Estimated street value $406,000 - $528,580 - Co-offender recruited by applicant in Chile to take drugs to Sydney - Applicant arrested following undercover police operation in US.

Bartle


Diez


Fry


Roberti

NSW CCA [329]
3.12.2003

Co-accused:

BATEMAN

Knowingly concerned importation 380kg
(pure)
VG

 

24y
NPP 16y

Life
NPP 25y

Life
NPP 25y

24y
NPP 16y
AD Largest cocaine seizure in Australia - Vessel brought in from New Zealand to a rendezvous in the Pacific Ocean carrying 380kg cocaine - Arrangements made with suppliers in Central America - Drugs transhipped and brought to Patonga where seized.
Diez – principal organiser – previous conviction for like offence
Fry – principal organiser – criminal history

Campillo Vaquere

NSW CCA [271]
13.8.2004

Co-offenders:

GONZALEZ-BETES
FLAVEL
MEGGETT

Knowingly concerned in importation 171.2kg (pure) VG

 

Life
NPP 24y
AD Cocaine sailed in by boat – Principal's representative in Australia – middle level executive – worst case category

Anderson 

NSW CCA [317]
17.9.2004

Knowingly concerned importation 7.5kg (pure) VG

 

14y
NPP 8y
AD 20 packages brought in on flight from LA with 3 co-offenders – no error in following CCA judgment of Wong and Leung before the HCA had handed down its decision – proper consideration given to subjective features

Otto
(27)

(2005) 157 A Crim R 525
NSW CCA

Import

Possess false passport
2.1368kg (pure) PG Nil 14y
NPP 8y 6m
(1y concurrent)
AA
10y 6m
NPP 7y
Imported drug from South America secreted in corset – South African citizen agreed to importation for money – believed drug probably cocaine – carried false Irish passport

Danson
(30)

NSW CCA [343]
30.9.2005

Aid and abet import

Supply comm cocaine
Supply comm ecstasy
3.7131kg


345.2 grams
294.8 grams
PG nil Import:
12y
NPP 7y 3m
Supply:
4y
NPP 3y

Total:
13y
NPP 8y 3m
AD Drugs imported into Australia from Argentina by courier hidden in lining of suitcases – involved in high level – financier
Drug addict - remorse


----------------------------

 

POST REPEAL s.16G

Case Offence Amount Plea Record Sentence Appeal Facts

Vasquez-Felipe

NSW CCA [411]
19.12.2006

Aid and abet 3.7kg (pure) PG Not stated 12y 6m
NPP 8y 3m
AD Involved in importing cocaine from Peru in purpose built hard sided suitcases – syndicate from Argentina – actual drug imported by co-offender
Assistance

Thompson
(46)

NSW CCA [83]
30.3.2007

Co-accused:

BARTLE
DIEZ
FRY
ROBERTI
BATEMAN

Knowingly involved 383.443kg (pure) PG Priors for importation – breached parole 20y 6m
NPP 13y
AD Highly organised scheme – cocaine sailed from Colombia to NZ – transferred to yacht and sailed to Australia – Accused involved in purchasing and sailing yacht to Australia – significant role
Convicted at original 7m trial – pleaded guilty after successful conviction appeal

Tyler
(32)

Chalmers
(40)

NSW CCA [247]
15.8.2007

Conspiracy to import


Conspiracy to import
Supply cocaine
20-30 kg PG



VG
Nil



Nil
9y
NPP 5y 6m


5y 6m
NPP 3y 6m
(12m)
AA
7y 6m
NPP 8y

Crown AA
12y
NPP 8y
Involved in plan to import cocaine from South America using corrupt baggage handlers – arrangement cancelled when unable to obtain drugs and threatened exposure of baggage handlers
T – courier – travelled to Argentina with money – to bring in drugs in baggage – addict - assistance
C – arranged purchase of tickets – assistance - depression

Cornwell

NSW CCA [59]
8.4.2010

Conspiracy to import 120kg VG

 

24y
NPP 14y 6m
AD Conspired to import drugs on boat from Colombia – drugs concealed in whaler on boat – organised Australian arm of venture – to be involved in distribution of drugs - drugs deposited by boat off coast of Queensland to be picked up by Australia arm
Principal role


 

--------------------------------------------


Criminal Code

Case Offence Amount Plea Record Sentence Appeal Facts

J Anderson
(68)

M Anderson
(30)

NSWDC Flannery SC DCJ 27.11.2008



J Anderson

NSW CCA [130] 23.6.2010

Conspiracy to import

Conspiracy to import
20kg (pure) VG


PG
Lengthy


Nil
18y
NPP 11y

10y
NPP 6y
J Anderson: AD Cocaine found attached to hull of two boats three months apart – J travelled to Panama to purchase cocaine – both men involved in retrieving container from hull of ship on first occasion – M only involved in first shipment of 14.4kg - J involved in second shipment also – closer to middle level of criminality than upper level
J – father – primary participant in conspiracy in Australia – poor health
M – son – lesser criminality – unaware of amount involved – no financial gain – involved out of loyalty to father - early manifestations of paranoid schizophrenia at time of offence – remorse

J Anderson CCA Appeal – no lesser sentence warranted in law.

Nguyen
(42)





Pham
(32)


NSW CCA [238] 22.10.2010

Import cocaine
Import methamphet

Sched:
2 x Att possess comm qty (cocaine and methamphet)

Attempt poss

Sched:
Attempt possess comm qty methamphet
27.1535kg - C
13.04kg - M
(pure)
PG









PG

 

Total:
14y 6m
NPP 9y 6m







11y
NPP 7y
Crown AA
Total:
18y
NPP 12y






Crown AA
15y
NPP 10y
Cousins – drugs imported from Canada concealed in foot spa units – controlled delivery
N – involved in setting up business and subsequently arranging to pick and store spa units, removed drugs from units and helped deliver to third person – not a principal but significant role in organisation – financial reward
P – female – significant role liaising with people in Canada and unpacking drugs once they arrived in Australia

Holland
(57)

NSW CCA [65] 5.4.2011

Aid and abet import 7244.4g PG nil 6y 8m NPP 4y Crown AD

Paid to find storage unit for drugs – received directions from others in hierarchy – low level in hierarchy - not aware of amount of drug involved - street value between $5,174,500 - $6,250,050, with wholesale value between $1,675,000 - $2 million

Canadian national – in financial difficulty.

SJ granted discount of 45% for assistance and guilty plea

Sparos

 

NSWCCA [223]
9.10.2013

Import

 

Supply large comm. qty cocaine

 

Sched:
Proceeds

40-60kg (pure) PG  

14y 6m
NPP 8y 6m

4y 4m
NPP 3y 3m

 

Total:
15y
NPP 9y

AD Worked with T to import drugs in saw blades through T family business – drugs delivered to home of co-offender – 1kg supplied to T at discount – proceeds of crime offence related to over $2 million dollars – subordinate to co-offender who was middle level manager

Webber

 

[2014] NSWCCA 111

Import cocaine

 

Possess cannabis

Supply cannabis

Possess cocaine

2219.3 grams PG Minor drug matters (old) 11y
NPP 7y
(All sentences served concurrently)
AD Nominated as consignee on parcel containing drugs imported from overseas – worked with other co-offenders - controlled police operation Respected professional golfer who worked as golf instructor – personal