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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. 

 

Drugs - Supply Ecstasy - Less than Commercial Qty

s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply quantity prohibited drug (less commercial)

Trafficable qty: 0.75g

Small qty: 0.25g

Indictable qty: 1.25g

Penalty (on indictment): 15 years imprisonment or 2000 penalty units or both (ss 32(1)(c), (g) DMTA)

Case

(age if known)

OffenceAmountPleaSentenceAppealRecordFacts

Sewell

(27)

[2002] NSWCCA 453

Supply

 

 

Supply Meth

 

Supply cannabis leaf

42.5g

 

 

3.68g

 

42.6g

VG

 

 

 

 

PG

4y

NPP 2y

 

FT 2y

 

FT 18m

(all concurrent)

AD Found in possession of drugs

Chong

(55)

[2003] NSWCCA 274

Supply 27.8gPG

3y

NPP 2y

AA

3y

NPP 18m

Possess ecstasy - no previous custody.

92 tablets found in vehicle.

Immediate admissions – elderly offender of prior good character - gambling problem.

Phillips

(28)

[2003] NSWCCA 373

Supply24.74gPG

3y

NPP 2y 3m

AA

3y

NPP 15m

 

Sent 100 tablets by express mail to sister's boyfriend in Queensland.

Special circumstances – rehabilitation prospects.

Tirtabudi

[2004] NSWCCA 328

Supply

 

 

Supply Ecstasy and Methamphet

 

Sched:

4 offences

4.56g

 

 

4.2g E / 5.42g M

PG

(15%)

2y

NPP 18m

 

3y

NPP 14m

 

Total:

3y 8m

NPP 22m *

ADNil - Second offences occurred on bail

On two occasions over several months sold drugs to friends – funding addiction

 

* Total sentence stated to be 3y 6m / NPP 20m but dates set sentence at 3y 8m / NPP 22m

Gidaro

(25)

[2005] NSWCCA 18

Supply

 

 

Supply amphet

 

Sched:

Possess cannabis, heroin, methamphet

2.81g

(28 tablets)

 

4.38g

PG

3y

NPP 18m

 

3y

NPP 18m

(concurrent)

ADSteal from person – community serviceFound in car in possession of drugs and money from drug supply – user / supplier

Walker

(39)

[2005] NSWCCA 109

Supply

 

Supply cannabis oil

 

Sched:

Possess drugs, GIC

2.45g

 

19.6g

PG

(20%)

3y 6m

NPP 2y

 

FT 18m

(concurrent)

ADExtensive - drugs, AR, BES

Under police surveillance – drugs found in vehicle

Drug abuse.

Baker-Turley

(18)

[2005] NSWCCA 201

SupplyLittle under 18gPG

1y 3m

NPP 9m

Suspended

AD 

Passenger in car stopped for random breath test – admitted to police carrying drugs.

Drug addiction.

Braithwaite

(21)

[2005] NSWCCA 451

Supply

 

 

 

Supply amphet

 

Sched:

Possess cannabis

GIC

17.78g

(47 tablets)

 

 

20.89g

PG

(25%)

3y

NPP 12m

 

 

2y 7m

NPP 9m

(concurrent)

AA

2y

NPP 8m

 

18m

NPP 6m

(concurrent)

Minor driving

Search of backpack – found in possession of drugs and supply apparatus

Good prospects of rehabilitation

Lal

(25)

[2006] NSWCCA 197

Supply

 

Sched:

Take part in supply

2.88gPG

2y 6m

NPP 18m

AA

1y 8m

NPP 12m

 

Intercepted telephone conversation - disclosed agreement to supply 10 tablets.

Motorbike accident disrupted studies – led to mixing in bad company - special circumstances warranted – rehabilitation prospects.

Heilpern

(20)

[2006] NSWCCA 311

Supply

 

 

 

Supply

 

Sched:

Possess cannabis

Cultivate cannabis

33.9g

 

 

 

67g

PG

2y

NPP 18m

 

 

2y

NPP 6m

 

Total

3y

NPP 18m

AA

2y

NPP 15m 13d

 

2y

3m 13d

 

Total

3y

NPP 15m 13d

(immediate release)

Possess drugs.Undercover police operation – M observed entering offender's car before supplying 100 tablets to  undercover police officer – further 200 tablets found in possession of persons in offender's company.

Nguyen

(31)

[2008] NSWCCA 163

Supply17.8gVG

2y

NPP 18m

AA

2y

NPP 1y

Nil

64 tablets found in offender's possession when entering nightclub

Good character – employed – rehabilitation - special circumstances

Santos

(25)

[2010] NSWCCA 127

Supply

 

Supply

 

Sched:

GIC

4.4g

 

75.28g

PG

FT 4m

 

2y 4m

NPP 14m

 

Total:

2y 5m

NPP 15m

ADNil

Supplied 15 tablets to undercover police officer – more drugs found during search at offender's premises

Strong subjective circumstances – tertiary educated – employed – diagnosed with cancer at age 9 – anxiety about cancer returning

Michael

[2011] NSWCCA 122

Supply5.87gVG

4y

NPP 2y

AA

2y 6m

NPP 1y 3m

 

Sold 20 tablets at hotel - criminality at lower end of scale – strong subjective case.

Judge erred in not considering offence was isolated incident – offender in need of continuing psychological assistance.

Eldridge

(28)

[2011] NSWCCA 144

Supply 1-benzylpiperazine

 

s166 certificate:

Conduct drug premises

2 x Possess drugs

12.72g

(38 tablets)

PG

(10%)

1y 8m

NPP 11m

ADNil

Drugs found during search of offender's apartment – drug mixture containing 1-benzylpiperazine has similar effect to, and sometimes sold as Ecstasy

No real work history – special circumstances in need for rehabilitation and first time in custody.

Restuccia

(29)

[2012] NSWCCA 15

Supply

 

Supply

 

 

Supply

 

Sched:

Related offences

17.83g

 

2.86g

 

 

8.9g

PG (25%)

FT 12m

 

3y

NPP 1y 6m

 

FT 18m

 

Total:

3y 6m

NPP 2y

ADSecond offences committed on bail for first offence – breached bondFound in possession of 17.83g at party – supplied 2.86g to undercover officer – found in possession of 8.9g on arrest – involved in substantial drug dealing

Mauger

(32)

[2012] NSWCCA 51

Supply

 

Sched:

Possess cannabis

5.13g

(20 tablets)

PG

(25%)

Section 10

GBB 2 years

Crown ADNil

Arrested at music festival – drugs detected by police sniffer dogs – paid $800 for drugs for supply to group of friends – had not discussed with friends whether he would be paid for ecstasy - objective seriousness at lowest end of scale

Not regular drug user or addict - employed and travelled overseas frequently for work – good character – supportive family - regressed psychological state which impaired his thinking and judgment - remorseful -excellent prospects for rehabilitation - highly unlikely to re-offend

Chiang

(25)

[2016] NSWCCA 45

Supply

7.1g

(24 tabs

18.5%)

PG

(25%)

18m

NPP 9m

AA

9m

NPP 6m

Minor – fines and bond – no drugs

University student purchased drugs – no financial motive

Genuine contrition – good prospects of rehabilitation

Forti

(18-19)

[2016] NSWCCA 127

Supply

 

 

 

Supply

 

 

Deemed supply

 

Sched:

Possess drugs

4 tabs (0.88g)

 

 

'some' tablets

 

2.3 g

PG

(25%)

Indicated

16m

 

 

12m

 

 

12m

 

Agg Sentence

1y 10m

NPP 12m

AA

Indicated

12m

 

8m

 

 

12m

 

Agg Sentence

18m

NPP 9m

Nil

Sold 4 tablets to young female - 2 tablets passed on to friend who died – further drugs found at offender's home – wide media coverage of case - low level dealer mainly to friends – continued to supply even after he heard about the death

Supplied drugs to fund own drug use and pay for living expenses – rehabilitation – family support – special circumstances

Robertson

(19)

[2017] NSWCCA 205

Supply

 

 

Supply psilocin

 

Supply psilocin

 

Supply psilocin

 

Sched:

2 x offences

23.36g

 

 

19.9g

 

7g

 

5g

PG

(25%)

Indicated

9m

 

10m

 

8m

 

8m

 

Agg Sentence

1y 8m

NPP 10m

AA

FT 12m

suspended upon entering GBB

Nil

Drugs found in offender's car – possession deemed to be for purpose of supply - text messages on phone in which offender agreed to supply small quantities

Remorse - ceased using drugs - good prospects rehabilitation.

 

CCA: SJ erred in not considering ICO – consideration of principle in Clark (unrep, NSWCCA, 15.3.1990)

Gordon

(29)

[2017] NSWCCA 199

Supply

 

 

Supply methyl (ice)

 

Sched:

Proceeds of crime

39.7g

 

 

3.47g

PG

(10%)

2y 6m

NPP 1y 8m

 

FT 7m

 

Total:

2y 8m

NPP 1y 10m

ADLengthy - robbery, and property damage, affray, resist police, AOABH - on bail committed further offences

Pulled over for random breath test – found in possession $490 and $1,175, various resealable plastic bags and 3.47g ice, four foils containing 133 brown diamond-shaped pills (ecstasy) - street seller supplying illicit drugs to partly support own dependency and partly for profit – low end range

Intellectual function in "extremely low range"

Last updated: 7.9.2017

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