Legal Research > Sentencing Tables

Drugs - Cocaine - Possess Prohibited Import - 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.


Customs Act 1901 (Cth)
s.233B(1) - import prohibited drug
s.235(2)(d) - maximum penalty - 25y
Commercial quantity - 2kg
(repealed 6.12.2005)


Criminal Code (Cth)
s.307.6 - possess marketable quantity unlawful import
s.307.9 - possess marketable quantity reasonably suspected unlawful import
Maximum penalty - 25y
Commercial quantity - 2kg
Marketable quantity - 2g

 

 

Case Offence Amount Plea Record Result Facts

Ferrer-Esis
(1991) 55 A Crim R 231

Possess

1819.8g (pure)

PG

nil

6y
NPP 3y 6m

Crown AA
9y
NPP 5y

Cocaine as serious as heroin - Courier - Venezuelan.

Laurentiu




Becheru

(1992) 63 A Crim R 402

Possess




Possess

32g of original importation of 1.589 kg

PG




VG

Prior drug matters, offence committed on bail

Effective sentence:
10y 6m
NPP 7y 6m


7y
NPP 4y 6m

AD

Co-offender imported cocaine. Apprehended at airport and controlled delivery made to L and B. B regarded as 'back up muscle'. L a few rungs down from principal.

Gonzalez
(23)
NSW CCA 2.9.1993

Possess

1002g
(77.5% purity)

PG

nil

7y
NPP 4y 6m

AD

Controlled delivery to appellant arranged with importer. Sought to mislead the police. Co-offender greater involvement, but greater assistance.

Smith
NSW CCA 30.9.1994

Possess

711g (pure)

PG

7y
NPP 4y 6m

AD

Drugs mailed to appellant so treated as a courier.

De Hesselle
NSW CCA
29.8.1997

Possess

1.93kg (pure)

VG

nil

8y
NPP 5y

AD

Not the importer. Apprehended after sale to another person.

Stafrace
(31)
(1997) 96 A Crim R 452

2 x Possess

726g (pure)
937g (pure)

PG

nil

12y
NPP 9y

10y
NPP 6y

Individually in possession of one box of cocaine and jointly in possession of second box. Partly for own use, partly for commercial operation - knew joint possessor involved in supply and assisting him by keeping cocaine. More than mere courier. Cocaine addiction.

Selim
NSW CCA
19.5.1998

Attempt possess

221g (pure)

PG

3y
18m NPP

AD

Cocaine imported by female. Controlled delivery to A. A's role was to deliver drug and would receive some of the cocaine as payment.
26 years old at sentence. Provided assistance. Good rehabilitation in gaol. Father dying of cancer.

Watson
(29)
NSW CCA
18.9.1998

Attempt possess

1.43kg (pure)

PG

minor and unrelated - treated as first offender

9y
6y NPP

AD

Intended to take delivery from courier. Controlled delivery undertaken and A caught. Claimed he was to deliver drugs to Lebanese, and his reward was one ounce. Dealt with as 'collector'- same as courier. Objective gravity very high.
Recreational user.

Adorjany
NSW CCA [37]
5.3.1999

Possess

See facts

PG

nil

10y
6y 3m NPP

AD

Courier intercepted by police on arrival from Colombia with cocaine in luggage. Courier met appellant in controlled delivery. Appellant took cocaine (substitute) and paid courier. 2.796kg (pure) imported

Pulido
NSW CCA [438]
2.12.1999

Possess

296.9g (pure)

PG

6y 6m
NPP 4y 6m

AD

Received package from Colombia.

Sando
NSW CCA [301]
11.8.2000

Attempt possess

156g (pure)

PG

6y
NPP 3y

AD

Cocaine imported by courier - controlled delivery made to appellant. Addict who took opportunity to be involved in drug delivery - marginally more culpable than a courier.
Assistance discount.

Taru
(24)
NSW CCA [391]
13.9.2002

Attempt possess

101.8g (pure)

PG

minor

4y 9m
NPP 3y

AD

Arranged for delivery of package to studio - Arrested after picking up package - Courier
Good subjective evidence - Remorse

Ntsele
NSW CCA [111]
30.4.2003

Attempt possess heroin
Possess cocaine

311.9g (pure)

1,307g (pure)

PG

6y
NPP 3y 2m
(concurrent)

Crown AA
6y
NPP 4y
8y
NPP 4y
(concurrent)

Took possession of heroin from co-offender - Cocaine found in police search of premises - Higher level of involvement than co-offender
Delay in instituting appeal - Discount for assistance too high - Error to make sentences identical and concurrent

Maloney
NSW CCA [250]
28.7.2004

Attempt obtain possession

Trafficable amount

VG

Nil

8y
NPP 5y

AD

Cocaine hidden in packages sent from Caribbean


 

POST REPEAL s.16G

Case Offence Amount Plea Record Sentence Appeal Facts

Haidar
(28)
NSW CCA [350]
15.10.2004

Attempt possess

391.7g (pure)

PG

Nil

7y
NPP 4y 6m

AD

Cocaine secreted in computer sent from Brazil - Controlled delivery - Slightly above courier
Drug addiction at time of offence

Okeke
NSW CCA [444]
16.12.2005

2 x Attempt possess

190.3g (pure)
195.8g (pure)

PG

Nil - dishonest dealings with Immigration

9y
NPP 6y

AD

Nigerian national - arranged for pick up of two parcels containing cocaine mailed from Brazil - controlled delivery - role of 'some substance'.

SC
(27)
NSW CCA [29]
21.2.2008

Attempt possess

183.9g (pure)

PG

Nil

3y 6m
NPP 2y

Crown AD

Cocaine secreted in parcels - took delivery on behalf of another person - aware drugs involved but probably not aware of weight - to be paid $3,000
Prior good character - drug user - good prospects of rehabilitation - assistance
Appeal dismissed in exercise of discretion of court

Milich
NSW CCA [148]
26.6.2008

Attempt possess

296.9g (pure)

VG

Nil

10y
NPP 6y

AA
8y
NPP 4y 9m

Female - took delivery of parcels on behalf of Nigerian man - Used false identity and rented flat


 

Criminal Code

Case Offence Amount Plea Record Sentence Appeal Facts

Navasardian
(31)

Petrosyan
(28)

NSW CCA [108]
17.4.2009

Possess


Aid and abet importation

1.753kg

PG


PG

Minor


Minor

8y 4m
NPP 5y 3m

7y 9m
NPP 4y 10m

AA
6y 6m
NPP 4y

6y
NPP 3y 8m

Cocaine imported in brake drum - N to take delivery of imported package - low in hierarchy - P ennobled in facilitating delivery of package
40% discount for guilty plea and assistance - married with children - Armenian - reasonable prospects of rehabilitation

Onuorah
NSW CCA [238]
18.9.2009

Att possess

107.2g (pure)

VG

Nil

9y
NPP 6y

AD

Leased post office box in false name - jewellery box sent from Venezuela with cocaine secreted inside - drugs removed in Venezuela and controlled delivery undertaken - appellant eventually took delivery of box

Okeke
(44)
NSW CCA [266]
1.12.2010

3 x Att possess
Possess heroin

Recklessly deal with proceeds of crime

80.4g C
617.2g C
372.2g C
473g H

(all pure)

10y 6m
NPP 8y

AA
10y 6m
NPP 6y 10m

Arranged to receive drugs secreted in 6 packages sent from overseas over 7 months - found in possession of heroin after collecting package from interstate - also found in possession of $61,150 - above mid-range

Okandeji

(28)

NSW CCA [30]

8.3.2012

Att possess

774.3g

VG

Nil

12y NPP 8y

AD

Took delivery of drugs imported in wall painting from Brazil - principal

Omorogbe

(56)

NSWCCA [201]

17.9.2013

Att possess

106.4g (pure)

PG (25%)

Nil

5y NPP 3y

AD

Attempted to collect package of drugs from post box – drugs sent from China – collecting on behalf of another – low end of scale – not isolated Nigerian – family still in Nigeria