This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon
Manifestly inadequate, but exercised discretion. Factors included late filing of appeal
39 foils of heroin found. Had purchased 5g and divided into 55 foils, sold some. In business for 4 months. $977 cash located.
Prior good character – Supporting habit
NSW CCA 20.12.1990
MT 2y 6m
NSW CCA 12.2.1991
MT 1y 9m
Found in possession of heroin - Sold to long-term users, to fund his habit – Used paging device.
Impressive evidence of rehabilitation.
(1991) 55 A Crim R 68
Found in possession of spoons, syringes and glucodin – intending to sell to junkies
Aboriginal – evidence of rehabilitation
Found dividing white powder on silver foil. Second foil found. $500 under the bed. Female injecting heroin. Purchased heroin on behalf of friends.
Matter could have been dealt with summarily.
NSW CCA 11.4.1991
Supply for profit. 2.7g found in possession with $300 cash. Admitted selling that day. Search of premises found 6.4g. Systematic dealer in small amounts
3 x Supply
2 x Supply
on bail for supply
T arranged to sell $2,500 worth of Heroin. Aborted.
T and V - supply of .66g of 35.5% pure heroin
T, V & C - supply of 8.7g of glucose.
In furtherance of substantial commercial enterprise
T was a drug addict, but others had little in the way of subjective features. C was principal, with previous drug convictions.
NSW CCA 12.9.1991
Admitted purchasing 5g and having sold 2 deals for $250 – Dealing at retail end of trade.
Female drug addict with unfortunate background.
NSW CCA 18.10.1991
Found in car with heroin – Sentenced as drug dealer.
Sentence heavy but not excessive.
NSW CCA 5.12.1991
NSW CCA 21.4.1992
NSW CCA 21.5.1992
NSW CCA 14.7.1992
MT 2y 3m
(1992) 62 A Crim R 442
(1993) 64 A Crim R 365
(inadequate but discretion applied)
Heroin found in flat - admitted it would be passed on for $500 – in business of trafficking - user and supplier.
Heroin addiction - evidence of rehabilitation - lengthy delay
NSW CCA 16.2.1993
MT 4y 3m
AT 1y 9m
NPP 2y 6m
to include backdate
MT 6y 2m
AT 2y 6m
MT 1y 6m
Deemed supply – Supplied for financial gain
Married with 5 children – Good character evidence.
(1994) 72 A Crim R 160
AT 1y 8m
MT 2y 1m 27d
AT 10m 3d
Accepted sentence within range but exceptional circumstances of delay and rehabilitation
Heroin found in car when pulled up – Deemed supply.
Lengthy delay – married with 2 children
Knowingly concerned in supply
Actual supply of 1 gram – found in possession of 25g - Admitted dealing over previous six months: 50-100 supplies. Motivated by need for money.
Mother of heroin addict. Distressing medical history. Remorse and unlikely to reoffend.
2 x supply cannabis
Knowingly take part in supply
NSW CCA 2.12.1994
AT 1y 8m
Related drug offences
MT 4y 6m
AT 1y 6m
Found in possession of heroin – agreed to supply
Female A, adult son and two school aged girls.
NSW CCA 8.11.1995
MT 7y 10.5m
MT 1y 10w
Police undercover operation. Actual supply of small amount (not stated) and later transaction relating to over 28g. Knowledge of drug scene
Substantial discount for assistance.
Detected by police telephone surveillance - 64 transactions – Supplied to friends to support habit.
Wife also convicted but received CSO to care for very sick child.
NSW CCA 27.3.1997
MT 3y 9m
AT 1y 3m
Small time dealing, supporting own habits.
SJ sentenced incorrectly on basis of commercial quantity.
long - mostly dishonesty and driving
on licence for murder
Heroin found at premises, with items consistent with dealing. Supplied to person. Engaged in supply on commercial basis
Severely disadvantaged background
(assistance raised 30%)
(1999) 107 A Crim R 252
MT 3y 6m
Police found 0.03g heroin on A as he was entering club. Remaining heroin found in car.
Co-operated with authorities, contrition, drug counselling.
 NSWCCA 297
2 x supply
MT 1y 6m
Supplied to undercover operative small quantities on three occasions for $40-50 a deal. Street dealer in Nimbin. Supplied addicts
On appeal found insufficient allowance made for fact that matter could have been prosecuted in Local Court.
 NSWCCA 244
4 x Supply
Found in possession of 5.36g heroin and admitted to selling small amounts ($400) to support habit. 6 months later found again in possession of 5.43g heroin and admitted to selling ($50). Part of ongoing supply
Error in not finding only portion of heroin in possession for purpose of supply
 NSWCCA 13
Supplied heroin to undercover police officer over five occasions.
Supplied to support long term addiction; approached by undercover police officer; small amount of heroin involved; drug would not have reached general community; suffering from mental disorder.
 NSWCCA 28
 NSWCCA 132
7 unrelated offences
Found in possession of heroin when car stopped for driving offences.
Rehabilitation from drug addiction.
 NSWCCA 129
Found in possession of drugs in car after being observed selling – not isolated.
Sold drugs to support drug addiction - rehabilitation contrition - good prospects of employment.
 NSWCCA 269
Female offender. Under police surveillance of A's son, A was seen throwing heroin in balloons from her vehicle. Assisting son
Deprived background, poor physical and mental health. CCA found special circumstances.
 NSWCCA 536
Found in possession of heroin and selling paraphernalia.
Traumatic and disruptive childhood in war ravaged Lebanon - need for extended supervision
Heavy but appropriate in view of circumstances.
(2002) 130 A Crim R 44
 NSWCCA 38
4 x Knowingly take part in supply
NPP 1y 10m
Involved with co-offender (dealt with for s.25A) in multiple supplies of heroin - Police intercepted thousands of drug related phone calls in one month - Co-offender principal offender
Disturbed background - Serbian - Sent money to mother suffering breast cancer - Remorse - Depression
 NSWCCA 124
Knowingly take part
NPP 2y 2m
Sold drugs to undercover operative
Vietnamese – Drug addiction resulting from breakdown in marriage
 NSWCCA 438
(10% / 25%)
NPP 3y 6m
 NSWCCA 57
 NSWCCA 312
Hairdresser and supplied heroin from business to 3 co-offenders, who on-sold – co-offenders pleaded to s 25A – controlled operation – parity
Unlikely to re-offend – good prospects – drug addiction – remorse – 20% discount – health problems and carer for elderly mother
 NSWCCA 140
 NSWCCA 183
NPP 1y 9m
Low level dealer – Part of larger organisation – Supplied to undercover police officer
Significant drug addiction
 NSWCCA 74
NPP 3y 7m
 NSWCCA 93
Runner for highly organised Kings Cross business – 10-15g over 21 days
Difficult childhood – addiction - Rehabilitation
 NSWCCA 168
 NSWCCA 215
Police surveillance revealed A purchased drugs from NCV then supply to other persons – 14 separate supplies in one month.
 NSWCCA 29
(25% on appeal)
NPP 1y 3m
Found in possession of drugs packaged for sale – street dealer
Offence could have been dealt with in Local Court – rehabilitation – history of addiction – genuine remorse
 NSWCCA 50
Female – transported drugs from third person to co-offender for supply to undercover officer – not isolated incidents - trafficking in substantial degree
 NSWCCA 113
NPP 2y 9m
Female – part of a group supplying – personally involved in 75 transactions over 5 weeks – below mid-range – financing heroin addiction – more than a runner
Difficult childhood – early drug use
 NSWCCA 262
NPP 3y 9m
Part of group supplying heroin to large client base – delivered drugs as well as negotiating orders – on one occasion supplied to a female inmate of a correctional centre – supplied on 50 separate occasions – below mid-range
Drug user – also financial gain