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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 - Heroin - Supply Less than 50 grams

s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug (less than commercial quantity)
s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15 years

Commercial quantity - 250g
Indictable quantity - 5g  

Case
(age if known) 

OffenceAmountPleaPriorsSentenceAppealFacts

Pham
(26)

NSWCCA
3.4.1990

Supply5gPG 

GBB

$500 fine

Crown AD.

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

Margaronis

NSW CCA 20.12.1990

Supply.12gPGnil

MT 18m

AT 6m

ADActively engaged in enterprise of assisting in sale of heroin

Antal

NSW CCA
12.2.1991

2 x Supply0.08g and sales over two monthsVG 

MT 2y 6m

AT 10m

ADFound in possession of heroin – Admitted intended to give drug away to female for sex – Admitted selling heroin over preceding 2 months at $3-400 per day.

Pelosa

NSW CCA 12.2.1991

Supply

 

Sched:

3 offences

13gPGLight and stale

MT 2y 6m

AT 10m

AA

MT 1y 9m

AT 7m

Found in possession of heroin - Sold to long-term users, to fund his habit – Used paging device.

Impressive evidence of rehabilitation.

Leslie
(37)

(1991) 55 A Crim R 68

Supply48.9gPGExtensive drug related – breached bail3y PD

Crown AA

MT 18m

AT 18m

Found in possession of spoons, syringes and glucodin – intending to sell to junkies

Aboriginal – evidence of rehabilitation

Bianchi

NSW CCA
6.3.1991

Supply1.88gPGBreached parole

MT 3y

AT 12m

AA

MT 2y

AT 12m

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.

Thompson

(34)

NSW CCA
4.4.1991

Supply

 

Sched:

3 offences

See factsPGMany drug related convictions at Local Court: not serious.

500h CSO

18m GBB

Crown AD.  Sentence inadequate, but discretion exercised not to intervene because of rehabilitationFound in possession of 3.69g – Involved in supply over preceding month – also found in possession of $8,755 and paraphernalia

Coulstock
(35)

NSW CCA
9.4.1991

Supply

 

Sched:

GIC

4.9gPGRecent drug matters – Breached bail

MT 3y

AT 1y

ADFound in possession of heroin and $800 cash – deemed supply

Eldaghl
(35)

NSW CCA 11.4.1991

Supply

 

Sched:

Supply heroin

GIC

9.1gPGNo priors

18 PD

$5,000 fine

Crown AA

MT 9m

AT 3m

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

Assistance

Cioamca

(18)

 

 

Taifalo

(26)

 

 

Vieru
(23)

 

NSW CCA
30.5.1991

Supply

 

 

 

3 x Supply

 

 

 

2 x Supply

see factsPG

on bail for supply

 

 

 

minor drugs

 

 

 

nil

FT 1y

 

 

 

2y PD

5y recog

$2,500 fine

 

500h CSO

 

 

 

Crown AA

MT 3y

AT 1y

 

MT 2y

AT 6m

 

 

MT 15m

AT 4m

 

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.

Hawkins
(33)

NSW CCA 12.9.1991

Supply2.6gPGPrior conviction for drug possession

MT 12m

AT 4m

AD

Admitted purchasing 5g and having sold 2 deals for $250 – Dealing at retail end of trade.

Female drug addict with unfortunate background.

Ross

NSW CCA 18.10.1991

Supply27.9gPG 

MT 4y

AT 6m

AD

Found in car with heroin – Sentenced as drug dealer.

Sentence heavy but not excessive.

 

Bengescu
(36)

NSW CCA
3.12.1991

Supply

 

Sched:

GIC

.53g Dishonesty offences – Breached parole.

MT 2y 6m

AT 10m

AA

MT 2y

AT 8m

Sold one foil on the street for $150 to undercover police officer – Has possession of second foil

Ianculescu

NSW CCA 5.12.1991

2 x Supply20gPGnil

MT 12m

AT 3m

Crown ADFound in possession of 36 foils.  Small time commercial dealer over several months

Taylor
(36)

NSW CCA 21.4.1992

Supply6 x $50 deals per day over 65 daysPGlengthy but only drug offence was administer amphet.

FT 6m

(+1m PSC)

Crown AA

FT 15m

Sold approx. 6 x $50 deals per day over 65 days.  Police purchased eight deals, 0.04-0.09g.  Supporting own habit.

Muller

NSW CCA 21.5.1992

Supply

17.4g

2.4g

PG 4y RecogCrown AD.Admitting purchasing heroin and proposing to sell. Heroin addict.  Told by police that he would be given immunity from prosecution if he assisted.  After giving some information offer withdrawn, putting him in serious jeopardy.

Bardo

NSW CCA 14.7.1992

Supply4.9gVGno drugs.  Gaol for stealing

400h CSO

$980 forfeit

Crown ADSold for $980.  Supply of relatively small amount on one occasion.  Isolated incident

Canli
(34)

NSW CCA
3.8.1992

3 x Supply2.7g foundVGOn bail and bond.  Prior drugs

MT 2y 3m

AT 9m

AD26 foils found in water bed and 6 foils found in wallet.  Admission to selling minor amounts

Greer
(50)

(1992) 62 A Crim R 442

Supply9.5gVGnil

MT 3y

AT 1y

ADSupply to undercover police officer.  Sold for $2,400.

Fabian

(1993) 64 A Crim R 365

Supply

 

Sched:

1 offence

33.7PGprior convictions for supply heroin - on recog at time of offence3y GBB

Crown AD

(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

Jordan
(22)

NSW CCA 16.2.1993

Knowingly take part in supply9.88gVGMinor driving offences

MT 3y

AT 12m

ADCo-accused carried drug internally.  A was financier.  $1,900.  Prospect of resale.

Rofe

NSW CCA
18.2.1993

Supply39-40gPGlong history

MT 5y

AT 1y

AA

MT 4y 3m

AT 1y 9m

Found by police in caravan, with heroin packaged in bags.  Found other items consistent with dealing.  Medical problems. 

Baias

NSW CCA
4.3.1993

8 x Supplynot statedPGminor

6y 2m

NPP 2y 6m

AA

to include backdate

MT 6y 2m

AT 2y 6m

Active supplier in small quantities.

Lupu

NSW CCA
22.3.1993

Supply14.84gVG 

MT 1y 6m

AT 6m

Conviction ADObserved by police removing heroin from laneway.

Cotterill

NSW CCA
7.6.1993

Supply5.57gVGSubstantial

MT 3y

AT 1y

ADPossession of drugs in foils – selling for financial gain

Tulloh

NSW CCA
16.9.1993

2 x Supply

0.5g

2.11g

PGbad record, included use and possession

MT 1y

AT 1y

ADSold 5.0g and further 2.11g found at house.  Supplied to support habit

Banovic

NSW CCA
25.10.1993

2 x Supply

13.4g

4.5g

VGsupply H

MT 4y

AT 16m

ADSentenced six months earlier for supply heroin – Sold to undercover police officer on separate occasions.

Sande
(45)

NSW CCA
25.11.1993

Supply40.9gVGminor

MT 3y

AT 1y

AD

Deemed supply – Supplied for financial gain

Married with 5 children – Good character evidence.

Ford
(26)

NSW CCA
15.12.1993

Knowingly take part in supply27.54gPGextensive

MT 10m

AT 12m

ADActed as middleman for supply.  Strong prospects of rehabilitation.

Sandford
(48)

(1994) 72 A Crim R 160

Supply2gVGnil

MT 5y

AT 1y 8m

AA

MT 2y 1m 27d

AT 10m 3d

[time served]

Drugs found in shirt pocket on arrest – intended to hand to female.  Isolated incident.  Senior Detective an aggravating feature.

Rus
(27)

NSW CCA
24.6.1994

Supply5gVGnil

MT 12m

AT 4m

AA

Accepted sentence within range but exceptional circumstances of delay and rehabilitation

10m PD

Heroin found in car when pulled up – Deemed supply.

Lengthy delay – married with 2 children

Leung

NSW CCA
21.7.1994

Knowingly concerned in supply

2 x Supply

 

Sched:

Possess Hemp

27g

27.3g

27.5g

PGnil

MT 4y

AT 3y

ADTransaction with undercover police over five month period.  Judge accepted they were isolated incidents, and A was a runner in two transactions, and the principal in the other.

Threadgate

NSW CCA
4.8.1994

2 x Supply

2.7g

2.5g

VG

long and

serious, cannabis

MT 3y

AT 1y

AD 

Weiley

NSW CCA
11.8.1994

2 x Supply

approx 1g

25g

PGnil

MT 18m

AT 6m

AA

Special circumstances

MT 13m

AT 11m

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.

Christiensen
(38)

 

 

 

 

Christienson
(female)
(38)

NSW CCA
23.11.1994

Supply

 

Sched:

2 x supply cannabis

 

Knowingly take part in supply

 

Sched:

Supply cannabis

26.21g

PG

 

 

 

 

 

PG

Possess cannabis

 

 

 

 

 

 

Minor

MT 2y 6m

AT 18m

 

 

 

 

MT 2y

AT 18m

ADListening device in house captured many sales over one month.  Total of heroin mentioned was 26.21g.  Addicts, supplying to established users to feed own habit.

Herring 
(34)

NSW CCA 2.12.1994

Supply6.4gVGNo goal.  Possess & dishonesty

MT 2y 6m

AT 10m

AA

MT 1y 9m

AT 7m

Found in car when pulled over.  Judge incorrectly sentenced on the basis that money found was related to drug supplying.

Neda

NSW CCA
9.12.1994

Supply32.1gVGon bond for supply heroin

MT 3y

AT 1y

ADDrug found on A. 

Szczeklik
(41)

NSW CCA
6.3.1995

Supply10.79gPGGaol for import drug

MT 5y

AT 1y 8m

AA

MT 3y

AT 2y

Small street dealer supplying to feed own addiction

McIntyre

NSW CCA
18.4.1995

Supply

 

Sched:

Related drug offences

1/2g a dayPGon recog

MT 18m

AT 6m

ADSupply over two months to support own habit.

David

NSW CCA
20.4.1995

Supply4-5gVGNil but on bail for drug offence

MT 18m

AT 1y

ADSupply to woman in answer to pager.  Observed by police.  Canister with 20 packets of heroin found on person

Yavuz
(50s)

NSW CCA
20.4.1995

2 x Supply

 

Sched:

Use heroin

15g

3.6g

PGOn parole for conspire to import

MT 6y

AT 2y

AA

MT 4y 6m

AT 1y 6m

Undercover operative involved.  Supplied 15g, and negotiations for 100g commenced but not continued.  3.6g found on person upon arrest. Not isolated incident

Tapai
(43)

NSW CCA
26.6.1995

2 x Supply36.6g nil

MT 15m

AT 15m

AD

Found in possession of heroin – agreed to supply

Female A, adult son and two school aged girls.

Griffiths

NSW CCA
3.8.1995

Supply30.42gVGpoor

MT 4y

AT 16m

ADObserved by nearby occupant retrieving drugs from park.

Cecil

NSW CCA
.11.1995

2 x Supply

 

Sched:

6 offences

0.77g

0.26g

PG 

MT 2y 3m

AT 9m

ADTook place in context of small time business

Richards
(33)

NSW CCA
27.11.1995

4 x Supply

2 oz

5g

4.9g

13.9g

VG

PG

previous drug

MT 7y 10.5m

AT 2y

ADFirst offence involved supply to undercover officer - Three later offences committed on bail – supply to undercover police officer – Principal in detailed organisation.

McVittie
(22)

NSW CCA
24.5.1996

2 x Supply28gPG

mostly juvenile

self-admin

MT 1y 10w

AT 2y

AD

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.

Bekhore

NSW CCA
18.11.1996

Supply4.55gPG 

MT 18m

AT 6m

AD

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.

Packovski

NSW CCA
7.3.1997

Supply3.02gPGbond for assault

MT 12m

AT 4m

AD0.42g found in car; 2.6g found in restaurant.  Orders via mobile phone during police search.  Obviously heroin dealer.  Not a drug user.

Armstrong

NSW CCA
9.5.1997

Supply19gVGincludes drugs

MT 18m

AT 6m

AA

MT 12m

AT 12m

Heroin found at flat, with other items consistent with dealing. Running profitable drug business of some size for some time.

Zanze

 

Kingbeer

NSW CCA
11.6.1997

Supply6.41g foundPGUnenviable records

MT 3y 9m

AT 1y 3m

AA

MT 2y

AT 1y

Small time dealing, supporting own habits.

SJ sentenced incorrectly on basis of commercial quantity.

Serianni

NSW CCA
4.8.1997

Supply8.62gPGsignificant - bribery and drugs.

MT 12m

AT 2y

ADObserved by police supplying to user.  Heroin found on person wrapped in 26 foils.  Active dealer in Kings Cross area.  Good rehabilitation.

Irving
(66)

NSW CCA
5.11.1997

Supply3.3gVG

long - mostly dishonesty and driving

on licence for murder

MT 3y

AT 1y

AA

MT 2y 6m

AT 18m

Heroin found at premises, with items consistent with dealing.  Supplied to person. Engaged in supply on commercial basis

Severely disadvantaged background

Emery
(46)

NSW CCA
7.11.1997

Supply2.5gVGminor drug matters

MT 12m

AT 12m

ADObserved by police at home dividing up heroin.  Admitted packaged H intending to sell – drug trafficker

Khamsao

NSW CCA
1.4.1998

2 x Supply

Street value:

$6,600

$3,000

PGSJ told no priors.  In fact on GBB at time of offence.

MT 3y

AT 1y

ADPolice search of car found heroin with street value of $6,600.  Admitted he had bought heroin in Cabramatta with intention of selling it in Canberra.  Had done this previously with $3,000 worth of heroin.

Orrock

NSW CCA
22.7.1998

Supply

 

Sched:

2 offences

6gPG 

MT 2y

AT 1y

AA

(assistance raised 30%)

MT 16m

AT 8m

Under surveillance over two weeks.  Cut up H with wife to make 36 deals.  Most H used by A and wife - some supplied to friends.

Kiely

NSW CCA
14.10.1998

Supply

 

Sched:

2 offences

11.61gPGon bond for drug matters

MT 2y

AT 2y

ADObserved supplying by police.  When apprehended seen to throw heroin under car, and more found on person.  Scales, money and 2.55g (possess charge) found in house. Sole trader selling at retail end of market.

Ma
(35)

(1999) 107 A Crim R 252
NSWCCA

Supply

29.8g

0.03g

PGsupply heroin - custody, on parole

MT 3y 6m

AT 1y

AA

MT 2y 6m

AT 1y 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.

Crombie
(39)

[1999] NSWCCA 297

Supply

 

Sched:

2 x supply

$40-50 dealsPGDishonesty and drug offences – breached recog

MT 2y

AT 1y 6m

AA

MT 1y 6m

AT 1y

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.

Davis
(41)

[2000] NSWCCA 244

4 x Supply

 

Sched:

8 offences

$400

$50

3g

3g

PGextensive - on recognisance and bail at time of offences

MT 3y

AT 3y

AA

4y

NPP 2y

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

Pavlov
(50)

[2001] NSWCCA 13

Supply7.05g

PG

(25%)

no prior prison - complied with previous recognisance

6y

NPP 4y

AA

3y 6m

NPP 2y 6m

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.

Moussa
(30)

[2001] NSWCCA 28

Supply

 

Sched:

Supply heroin

27g  (71% pure)PGDishonesty and driving offences

MT 12m

AT 12m

ADPurchased drug for use by self and wife – Similar offence committed several weeks earlier – Not a dealer.

Nguyen
(27)

[2001] NSWCCA 132

Supply

 

Sched:

7 unrelated offences

8.26gPGprior convictions

3y

NPP 18m

AD

Found in possession of heroin when car stopped for driving offences.

Rehabilitation from drug addiction.

Giurgis
(24)

[2001] NSWCCA 129

Supply5.5gPGminor record - no drug offences

16m

NPP 12m

AA

16m

NPP 8m

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.

Huynh

[2001] NSWCCA 269

Deemed supply6.6gVG 

2y

NPP 16m

AA

2y

NPP 12m

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.

Mousallem
(32)

[2001] NSWCCA 536

Supply14.5gVGlengthy record including drug offences - on licence at time offence committed

9y

NPP 5y

AD

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.

Le
(19)

(2002) 130 A Crim R 44
NSWCCA

Supply

0.5g

0.61g

VGnone for drugs

3y 6m

NPP 2y

ADDrugs found in house

Kostadinovic
(21)

[2003] NSWCCA 38

4 x Knowingly take part in supply

 

Sched:

7 offences

6.8g (8%)

6.7g (10%)

6.8g (12%)

13.9g (9.5%)

13.4g

PG

(25%)

traffic offences

3y

NPP 1y 10m

AD

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

Vo
(25)

[2003] NSWCCA 124

Knowingly take part

2 x Supply

0.03g

0.01g

0.05g

PG

(15%)

Breached bond for similar offence

3y 6m

NPP 2y 2m

AD

Sold drugs to undercover operative

Vietnamese – Drug addiction resulting from breakdown in marriage

Nguyen
(26)

[2004] NSWCCA 438

3 x Supply

 

Sched:

5 offences

$50 deal

8.3g

14.56g

PG

(10% / 25%)

Minor – third offences committed on bail

5y

NPP 3y 6m

ADObserved selling $50 deal – on arrest found in possession of foils and rock – while on bail found in possession of heroin

Ly
(47)

 

Nguyen
(45)

 

[2005] NSWCCA 57

Supply

 

 

Supply

Receiving

GIC

28.21gVG

Nil

 

 

Nil

5y

NPP 3y 6m

 

5y

NPP 3y 6m

(concurrent sentences)

AD

 

 

AD

Husband (L) and wife (N) involved in commercial dealings selling heroin – not isolated sale

Orban
(56)

[2005] NSWCCA 312

2 x Supply

 

Sched:

GIC

Not stated, <16g

PG

(20%)

Drug related but nothing since 1991
4y
NPP 2y 6m

AA

4y

NPP 2y

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

Kdouh
(28)

[2006] NSWCCA 140

2 x Supply

0.1g

0.3g

VG (see facts)Breached parole – significant record for supply

3y

NPP 2y

ADConvicted at trial for s.25A – admitted transactions – runner and user

Hourigan
(37)

[2006] NSWCCA 183

4 x Supply

1.91g

1.93g

6.2g

6.21g

PG

(25%)

Record for possession and violence

3y

NPP 1y 9m

AD

Low level dealer – Part of larger organisation – Supplied to undercover police officer

Significant drug addiction

Lu
(32)

[2007] NSWCCA 74

Supply

 

Sched:

GIC

24.07g

PG

(20%)

Lengthy – typical drug addict – breached conditional liberty

4y 8m

NPP 3y 7m

ADDeemed supply – found at house – dealing in drugs

Kentwell
(36)

[2007] NSWCCA 93

Supply10-15gPGMinor

2y 6m

NPP 16m

AD

Runner for highly organised Kings Cross business – 10-15g over 21 days

Difficult childhood – addiction - Rehabilitation

Jaskierski

[2007] NSWCCA 168

Supply25.6gVG 

5y 6m

NPP 3y 6m

ADInvolved in supplying drugs to female offender who sold them from house

Meager

[2009] NSWCCA 215

Supply3g

PG

(10%)

Possess drugs; DUI.  On bond.

4y

NPP 2y 6m

AD

Police surveillance revealed A purchased drugs from NCV then supply to other persons – 14 separate supplies in one month.

Drug addiction.

Llavallol
(40)

[2012] NSWCCA 29

Supply3.21g

PG

(25% on appeal)

Driving offences

2y

NPP 1y 3m

AA

18m

NPP 13m

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

Lam
(43)

[2014] NSWCCA 50

2 x Supply

3.39g

3.41g

VGNil relevant

2y

NPP 18m

AD

Female – transported drugs from third person to co-offender for supply to undercover officer – not isolated incidents - trafficking in substantial degree

Vietnamese

Pleasance
(31)

[2016] NSWCCA 113

 

Co-offender:
VOSSOS

Supply

 

Sched:

2 offences

28.8g

PG

(25%)

Lengthy – including drugs

3y 9m

NPP 2y 9m

AD

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

Vossos
(47)

[2016] NSWCCA 262

 

Co-offender:
PLEASANCE

2 x supply

 

Sched:

2 offences

12.60g

PG

(25%)

Supply drugs – other lesser offences – breached bail

5y

NPP 3y 9m

AD

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

Last updated – 11/9/2017

 

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