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Legal Research > Sentencing Tables

Drugs - MDMA (Ecstasy) - Supply Large 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(2) Drug Misuse and Trafficking Act 1985 (NSW): supply prohibited drug
s.33(3) Drug Misuse and Trafficking Act 1985 (NSW): max penalty life (large commercial quantity)
Large commercial quantity: 0.5kg

Case Offence Amount Plea Record Result Appeal Facts

Moore
(37)

Wiebe
(35)

NSW CCA
1.8.1992

Conspiracy to supply

Supply

798.8g (633g pure - capable of producing 6,000 tablets with street value of $240,000.)

PG


PG

minor


nil

MT 3y 6m
AT 1y 2m

MT 3y
AT 1y

Crown AD


AD

M a member of 'Orange People'- Asked to arrange importation - W to be paid $10,000 - W brought in tablets strapped to back.
M - Canadian - Married - Contrition
W - Canadian - Courier - Assistance - Prior good character

Lao
(52)
NSW CCA [315]
31.10.2003

Supply

1016.6g

PG

Nil

5y
NPP 3y

AD

Courier
Gambling problem - Good character - Strong prospects of rehabilitation

OPA
(39)
NSW CCA [464]
17.12.2004

Knowingly take part in supply

3.1kg

PG

Nil

8y
NPP 6y

AA
5y 8m
NPP 4y 3m

Found in possession of drugs - involved in extensive operation - took orders, supplied drugs and collected money - underling
Valuable assistance - special protection

Nassif
(32)
NSW CCA [38]
15.2.2005

Attempt receive for supply large commercial qty

3.2452kg

PG

Priors including drug supply

6y
NPP 3y

AD

Agreed to take delivery of 14,000 tablets from Sukkar (see importation commercial quantity of ecstasy table)

Thompson
(34)
NSW CCA [340]
29.9.2005

Supply large commercial quantity

Sched:
Supply tablet
GIC

1.983kg

PG

Priors including drug supply

16y
NPP 12y

AA
13y 4m
NPP 10y

Found in possession of drugs
Erroneous consideration of standard non-parole period

Yildiz
(2006) 160 A Crim R 218

Supply large commercial quantity

602g

PG

Nil

10y
NPP 7y

AD

Arrested during agreement to supply - found in possession of drugs.

Stankovic
NSW CCA [229]
1.8.2006

Supply large commercial qty

Sched:
4 offences

44kg

PG

Nil

7y 9m
NPP 5y 2m

Crown AA
11y 8m
NPP 8y 9m

Involved in manufacture of MDMA at residential premises - Engaged as labourer in illicit factory - Unsupervised - Claim of duress.

Nikolic
(45)
NSW CCA [232]
8.8.2007

Co-offender:
STANKOVIC

Knowingly concerned in supply large commercial qty

44kg

PG

Nil

9y
NPP 6y

Crown AA
12y 9m
NPP 8y 6m

Involved in manufacture of MDMA at residential premises - Agreed to assist co-offender out of obligation for assistance given to son in Serbia - lesser offender - below mid-range
Remorse

Knight
(34)


Biuvanua
(34)

NSW CCA [283]
24.9.2007

Supply



Take part in supply

961g

PG



PG

Minor



Nil relevant

10y
NPP 6y


3y 6m
NPP 2y

Crown AA
14y 4m
NPP 10y

Crown AD

K (female) head of drug syndicate employing others - B(husband) assisted in menial tasks

Sukkar
NSW CCA [298]
10.10.2007

Supply

5.9kg

PG

11y 6m
NPP 7y 6m

AD

Offence committed after 1.2.2003
Arrested during transaction. No further facts provided.
Assistance to authorities.

Lim





Gao

NSW CCA [343]
14.12.2007

Supply large comm. quantity

Sched:
2 x supply drugs

Supply large commercial qty
Supply comm. qty

Sched:
3 x supply drugs

PG





PG

Agg robbery

8y
NPP 5y




Large Comm
11y
NPP 7y

Total:
12y
NPP 8y

Crown AA
9y 10m
NPP 6y



Crown AD

Offences committed after 1.2.2003
Entered into agreement to supply $5000 worth of tablets (weighing between 1 - 2.5 kg) to undercover police operative - no actual supply.

Edwards
(23)
NSW CCA [281]
3.12.2008

Supply large comm. qty (E)
2 x Supply comm. qty (A)
Supply comm. qty (E)

Sched:
3 offences

1680g
381.3g
301.29g
225g

PG

Nil

17y
NPP 10y
(concurrent sentences)

AD

Offences committed after 1.2.2003
Supplied over three months - sophisticated operation
True remorse - good prospects of rehabilitation

Woodgate
(44)
NSW CCA [137]
7.5.2009

Supply large comm. qty (E)

Sched:
GIC

67.79g tabs
42.956kg
10.921kg tabs
12.234kg powder

PG

14y
NPP 10y

AD

Offences committed after 1.2.2003
Drugs found in apartment, unfurnished house and storage facility - also found in possession of $31,805, pill press and other equipment - senior trusted figure

Xue
(37)
NSW CCA [227]
10.9.2009

Supply large comm. qty

852.9g

PG

Not significant.

13y 6m
NPP 10y

AD

Supplied tablets to undercover police operative.
Drug abuse - gambling.

Wang
NSW CCA [223]
10.9.2009

Supply large comm. qty

Supply not less trafficable

Assault police officer

1464.46g

VG

Driving, dishonesty, firearms - summary offences only.

20y
NPP 15y

AA
16y
NPP 12y

Observed with bag later found to contain 5000 ecstasy tablets - struggled with police officer at scene - got away and later observed with another bag found to contain smaller quantity of ecstasy tablets.
SJ erred in assessment of objective gravity - offence below mid range - paucity of evidence relating to applicant's role.
Reference to other supply cases.

Fitzsimon
(32)
NSW CCA [25]
4.3.2010

Supply large comm. qty

Supply meth

Sched:
2 x supply 56g meth

1.7kg


54.84g

PG

Significant although older record

9y 4m
NPP 6y
FT 2y (concurrent)

AD

SNPP 15 years
On four occasions took possession of drugs and provided them to co-offender to drive north to third offender - involved in substantial drug organisation but received small financial rewards only
Reasonable prospects of rehabilitation - suffering mental condition

Choi

(20)

NSW CCA [318]

17.12.2010

Knowingly took part in supply

 

Sched:

2 offences

About 5.9kg

PG

nil

17m 15d

suspended

 

(6.5m PSC)

Crown AA

4y 6m

NPP 2y 6m

SNPP 15 years

Agreed to source 30,000 tablets for supplier although tablets never obtained Good character – good rehabilitation – unlikely to re-offend – remorse - assistance

Kwon

NSW CCA [58]

30.3.2011

2 x Supply 1.1422kg (Around 6000 tablets) PG nil 13y NPP 9y AD SNPP 15 years

Just below mid range offences - First count: 6 supplies totalling around 6000 tablets to undercover officer and one other person – Second count: supply did not take place as intended recipient was undercover officer – middle man in hierarchy

Korean national raised in Australia by mother –rejected by biological father – began to take drugs and associate with persons of bad influence. Excellent rehabilitation – substantial family support – unlikely to reoffend

Chen

(55)

NSW CCA [145]

22.6.2011

2 x supply

1 x supply traffickable qty

 

Sched:

2 x possess drug

830g

 

500g (2000 tablets)

VG

 

14y

NPP 10y 6m

AD

SNPP 15 years

Offences committed in one month period – cooffender was A’s stepson - 1st supply: In series of telephone conversations, A agreed to supply to various persons 830g of ecstasy – 2nd supply: A attempted to have in his possession 2000 ecstasy tablets (500g) – 3rd supply (traffickable): in possession of 400 tablets . Mid range objective seriousness – cooffender aged 18 under A’s authority – A was dominant partner. Low cognitive functioning – anxiety, depression regarding parents in China

 

AZ

(43)

NSW CCA [43]

22.9.2011

1 x Supply

 

1 x Possess proh firearm

 

Sched:

2 x supply drug; Deal with proceeds crime

1,081g

PG

Nil

Total:

5y 6m

NPP 2y 9m

Crown AA

Total:

8y

NPP 5y 10m

 

SNPP 15 years

Drugs and large amount of drug paraphernalia found during search of A’s residence – large amount of money also located.

Just below mid-range objective seriousness: at [62] – evidence pointed to substantial involvement in drug supply.

Assistance to authorities.

Error in assessment of objective seriousness of both drug and firearm offences – error in concurrent sentences.

 

Hsu

NSW CCA [248]

27.11.2012

1 x Supply

 

 

 

Possess firearm

 

 

Sched:

Deemed supply

1000 tablets (237.6g)

PG

Drug offences

13y 6m

NPP 10y

 

 

Total:

14y

NPP 10y 6m

AD

SNPP 15 years

Undercover police operation – supply of 1000 tablets – role as bottom to middle of the range wholesaler /commission agent – lower end of large commercial quantity type case – slightly below mid-range offence.

Drug addiction.

Deakin

(32)

[2014] NSWCCA 121

4.7.2014

Supply

 

Participate in criminal group

 

 

30.242kg

PG

(15%)

Drug offences

10y 6m

NPP 7y 6m

 

FT 12m

(concurrent)

AA

10y 6m

NPP 6y 9m

 

(greater backdate over existing sentence)

SNPP 15 years

Involved in criminal group carrying out drug related activities over 4 months – directly involved in ecstasy supply – groups involved with other drugs – trusted employee – transported drugs

Drug addicted parents – difficult childhood – early drug addiction – 10% discount for assistance

Cullen

(30)

[2014] NSWCCA 162

Supply lge comm qty GBL

 

Supply lge comm qty ecstasy

 

Supply meth

Supply cocaine

Supply ketamine

​11.4kg

 

 

991.35g

 

 

30.52g

9.29g

181.84g

PG

(25%)

Indicated sentence:

9y

NPP 6y

 

Aggregate sentence:

12y

NPP 8y

AD​​NilSNPP 15 years

Large scale drug dealer – end supplier – drugs found in apartment