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

 

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Drugs - Cocaine - Multiple Supply: s.25A

s.25A(1) Drug Misuse and Trafficking Act 1985 (NSW)
supply prohibited drug on 3 or more occasions during 30 consecutive days
maximum penalty 20 years

CaseDrugAmountPleaPriorsSentenceAppealFacts

Luong

(20)

[2002] NSWCCA 238

Cocaine

 

Sched:
GIC

 PGdriving and drug offence

5y 6m

NPP 3y

AA

4y

NPP 2y

Arrested in possession of cocaine - Admitted to selling on regular basis over previous 2 months - Total amount unclear

Frank interview - Drug addiction - Rehabilitation - Assaulted in custody

Zarei

(33)

[2002] NSWCCA 350

Cocaine

0.05g

0.06g

0.04g

PG

(15%)

prior conviction for possess prohibited drug

3y

NPP 18m

AD

Sold drugs to undercover police officer - Small time pedlar - Supporting addiction

Iran - Premature birth of child causing health problems - Good character evidence - Depression

Kostecoglou

(23)

(2002) 137 A Crim R 257

2 x Heroin

2 x Cocaine

 

Sched:
Possess unauth firearm

 

PG

(25%)

nil

3y 2m

NPP 12m

Crown AD

Part of large scale syndicate involved in drug distribution - Street dealer for 2 months - Also involved in other aspects of business

Developed major drug problem after mother died - Evidence of rehabilitation - Stringent bail conditions

Sakkar

(25)

[2003] NSWCCA 26

Cocaine

 

Sched:

Possess amphet

Deemed supply cocaine

Total - 1.86g

 

17.4g cocaine

3g amphet

PG

(25%)

poor

4y

NPP 18m

ADSupplied to undercover police officer on 4 occasions - Other drugs found at premises - Street dealer with relatively sophisticated operation - Funding own habit - Evidence of rehabilitation

Hide

(29)

[2003] NSWCCA 371

Cocaine

 

Sched:
GIC

0.82g

0.87g

3.74g

PG

(15%)

 

4y

NPP 2y

AD

Supplied to undercover police officer – agreed to supply 1 ounce but pulled out – engaged in business of supply

Sole care of 4y daughter - pregnant

Collins

(19)

[2004] NSWCCA 30

Cocaine

< 1g supplied

2.6g possession

PGNil

3y

NPP 2y 3m

(PD)

Crown AD

Female - 4 supplies made to undercover police officer – assisted male co-offender by driving him around

Dominating relationship with co-offender – good prospects of rehabilitation – exceptional case

Vu

[2005] NSWCCA 266

Cocaine

.15-.18g

 

VGNil

6y

NPP 4y 6m

AA

4y

NPP 2y 6m

Sold to undercover police bought from flat

Vietnamese migrant – no personal drug use – no remorse – recently unemployed – young baby and girlfriend pregnant again

Esquilant

(27)

[2005] NSWCCA 421

Cocaine3gPGNil

2y 3m

NPP 12m

AD

Supplied to friends and associates

Heavy drug user – difficult childhood

Mirza

(47)

[2007] NSWCCA 248

Cocaine

29.8g

28.7g

28.4g

PG

(40% plea and assist)

Nil

6y

NPP 3y 6m

AD

Supplied to undercover officer – motivated by greed – above midrange offence – supplying on behalf of wholesaler – more than courier

Assistance - depression

Pickett

(48)

[2010] NSWCCA 273

Cocaine

 

Sched:

2 x Supply cocaine

Car offence

0.71g

2.9g

2.92g

 

9.82g

10.57g

PG

(16.5%)

minor

20m

suspended

Crown AD

Supplied to undercover officer over 4 weeks – involved in supplying on behalf of principal offender because of substantial commercial debt owed to principal – received no financial reward from dealing - voluntarily withdrawn from involvement prior to arrest

Charity work – suffering depression at time of offence

Doumit

(48)

[2011] NSWCCA 134

Cocaine and methamphet

 

2 x possess for supply

 

Sched:

Proceeds of crime

2 x supply

<1 g cocaine

1g meth

PG

(17%)

 

3y 10m

NPP 2y

 

Total

5y 4m

NPP 3y 6m

AA

To change accumulation

 

Total:

4y 7m

NPP 2y 9m

Supplied drugs from business as hairdresser – supplied less than one gram of cocaine to undercover officer on four occasions – supply 1g methamphetamine to customer on one occasion – found in possession of 72.34g ecstasy and 298.4g GBL

Late drug user – charity work - rehabilitation

 

 

 

 

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