Back to Top

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

Back to Sentencing Tables Index

 

Supply Cocaine - Large Commercial Quantity

s.25(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug (commercial quantity)

s.33(3) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty life

Large commercial quantity - 1kg

Standard Non-Parole Period (for offences committed on or after 1.2.2003) – 15 years

Case
(age if known)

OffenceAmountPleaSentenceAppealRecordFacts

Cook

(39)

[2002] NSWCCA 216

Supply lge comm qty2.003kgPG

6y 4m

NPP 4y 9m

ADMinor drug offences

Found in possession of cocaine in car – difficult to ascertain role but not a principal

Good work record – good prospects of rehabilitation – serious consequences of bike accident

Do

(25)

[2005] NSWCCA 209

Supply lge comm qty

 

Supply lge comm qty heroin

1.5kg

 

 

6kg H

VG

Total

12y

NPP 9y

ADNil

Bought drugs in pure form, mixed with sugar and resold through runners – sought to downplay role in operation

Vietnamese – Wife and child in Vietnam – drug use – gambling habit of $3,000 per day – some remorse – good character

Attallah

(50)

[2005] NSWCCA 277

Supply lge comm qty

 

Supply lge comm qty heroin

Over 8kg cocaine

 

Over 3kg heroin

VG

Life

 

 

Life

24y

NPP 18y

 

24y

NPP 18y

(concurrent)

Drug offencesConducted unlicenced brothel – supplied prostitutes with small amount of heroin and cocaine over long period of time – commercial supply

Coetzee

(44)

[2007] NSWCCA 12

Supply lge comm qty24.4kg

PG

(15%)

9y 3m

NPP 6y 9m

AA

To allow 9d backdate only

nil

Cocaine imported and stored in storage units arranged by applicant – participation vital to operation

Motivated by greed – rehabilitation

Stevens

[2007] NSWCCA 252

Supply lge comm qtyJust under 2kgPG

11y

NPP 7y

AD 

SNPP 15 years

Paid for 1kg cocaine supplied on two separate occasions by police informant

Elmir

[2009] NSWCCA 22

(2009) 193 A Crim R 87

Supply lge comm qty

 

Act w/I to pervert course of justice

 

Sched:

5 offences

1kgPG

12y 6m

NPP 8y

 

6y

NPP 4y

 

Total:

15y

NPP 10y 6m

AD 

SNPP 15 years

Controlled operation – 1kg supplied to appellant and co-offender by police informant – 2 weeks later provided transport for co-offender carrying cocaine - evaded police during high speed pursuit and co-offender threw 496g cocaine from window of car – lied to police about driver of car

Wife in poor health – four children, two underage

Pan

[2010] NSWCCA 243

Supply lge comm qty6.011kg

PG

(25%)

10y 6m

NPP 6y 9m

ADnil

Offence committed in 2001 – left Australia until extradited several years later – recruited in Canada to assist in supply in Australia – 'mid-level and trusted member of well organised and international crime syndicate involved in importation and distribution of narcotics to Australia'

Good prospects of rehabilitation

YY

(36)

[2016] NSWCCA 124

Supply lge comm qty

 

 

Supply  cocaine

 

Supply cocaine

 

Sched:

4 offences

5.9573kg

 

 

 

8.02g

 

85.15g

PG

(45% combined)

14y

NPP 10y 6m

 

 

FT 12m

 

FT 2y 6m

 

Total:

16y

NPP 12y 6m

 

 

AA

12y

NPP 9y

 

FT 12m

 

FT 2y

 

Total:

12y 6m

NPP 9y 6m

 

(second appeal)

AA

11y

NPP 8y 3m

 

FT 12m

 

FT 2y

 

Total:

11y 6m

NPP 8y 10m

Minor, not significant

SNPP 15 years

Drugs and $1,313,700 in cash found at offender's premises – other supply to undercover police officer and another supply following drugs and money located in offender's car.

Successfully operated restaurants - became involved in selling cocaine initially to pay business suppliers – began own drug use- not motivated by greed - wide acceptance in social scene - supply operation of significant size - not involved in organized supply chain or hierarchy.

Remorse – assistance – family support

(second appeal - Muldrock error)

Sevastopoulos

(53)

[2011] NSWCCA 201

Supply lge comm qty2.25kg

PG

(15%)

12y 6m

NPP 9y

AA in part

12y 6m

NPP 8y 6m

Drug offences

SNPP 15 years

Four individual supplies – acted as "broker" or intermediary – role was to find potential buyers and facilitate sale – collected drugs from location and attended at sale – involved at both ends of transactions - received small fee for services - mid-range offence.

SJ failed to give effect to special circumstances based on offender's age and drug addiction

Pham

(25)

[2013] NSWCCA 217

 

 

Co-offender:

NGUYEN

Supply lge comm qty30kgPG (25%)

13y 6m

NPP 9y 6m

AD 

SNPP 15 years

110kg drug imported from Mexico in tiles – not involved in importation – controlled delivery - arranged with undercover police officer to take delivery of 30kg drugs – accompanied co-offender to meeting to collect drugs – claims to have been instructed would receive $1000 per 1 kg – lower end of middle range

Gedeon

[2013] NSWCCA 257

2 x Supply lge comm qty

2kg

750g

VG

Total

15y

NPP 10y

AD 

SNPP 15 years

Operation by NSW Crime Commission – drug syndicate – intermediate level – more than organisational role – middle range objective seriousness but towards bottom range.

Nguyen

(24)

[2014] NSWCCA 16

 

Co-offender:

PHAM

Supply lge comm qty30kgVG

11y

NPP 7y 6m

ADlow range PCA

SNPP 15 years

Played small part – no role in planning and organisation – arrangement with undercover police officer to take delivery of drugs – acted on request of co-offender – isolated offence in context of debt he was unable to pay.

Drug abuse

Pham

(39)

[2014] NSWCCA 115

Supply lge comm qty

 

Supply comm qty ecstasy

 

Sched:

Supply methorphan

1000.8g

 

 

299.2g

PG

(25%)

11y

NPP 8y

 

5y

NPP 3y

 

Total:

12y

NPP 8y

ADMinor

SNPP 15 years

Involved in supply of drugs to undercover officer – arranged to obtain drugs from supplier further up chain – mid-range involvement

Lopatinsky

(52)

[2017] NSWCCA 227

​Supply lge comm qty​1kg

(75% pure)

​PG

(25%)

​9y

6y 6m

​AA

6y 9m

NPP 4y 6m

SNPP 15 years

With co-offender - drugs imported from U.S. packed inside a large, metal log-splitting device encased in a wooden crate – to be paid $150k.

Appeal allowed on parity grounds.

Hurmz

[2017] NSWCCA 235

​Supply lge comm qty​2.4kg​PG

(25%)

​9y 9m

NPP 7y 3m

​ADdrugs, driving, dishonesty, inflict GBH with intentSNPP 15 years

With co-offenders, involved in activities of known criminal group supplying drugs to 1200 plus customer base – offender's role to arrange delivery and receive bulk quantities, collection and payment from drug suppliers, processing drug to increase volume and profit margins, weighing and packing into smaller on-supply quantities, arranging payment of group members - committed for financial gain

Rehabilitation prospects guarded.

 Last updated: 26.9.2017

 

 

Back to Sentencing Tables Index