Legal Research > Sentencing Tables

Drugs - Heroin - Supply Less than 50 grams

 

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(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 Offence Amount Plea Priors Sentence Appeal Facts

Pham
(26)
NSW CCA 3.4.1990

Supply

5g

PG

 

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

.12g

PG

nil

MT 18m
AT 6m

AD

Actively engaged in enterprise of assisting in sale of heroin

Antal
NSW CCA
12.2.1991

2 x Supply

0.08g and sales over two months

VG

 

MT 2y 6m
AT 10m

AD

Found 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

13g

PG

Light 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

Supply

48.9g

PG

Extensive drug related – breached bail

3y 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

Supply

1.88g

PG

Breached 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 facts

PG

Many drug related convictions at Local Court: not serious.

500h CSO
18m GBB

Crown AD. Sentence inadequate, but discretion exercised not to intervene because of rehabilitation

Found 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

4.9g

PG

Recent drug matters – Breached bail

MT 3y
AT 1y

AD

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

Eldaghl
(35)
NSW CCA 11.4.1991

Supply

Sched:
Supply heroin
GIC

9.1g

PG

No 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 facts

PG

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

Supply

2.6g

PG

Prior 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

Supply

27.9g

PG

 

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 Supply

20g

PG

nil

MT 12m
AT 3m

Crown AD

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

Taylor
(36)
NSW CCA 21.4.1992

Supply

6 x $50 deals per day over 65 days

PG

lengthy 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 Recog

Crown 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

Supply

4.9g

VG

no drugs. Gaol for stealing

400h CSO
$980 forfeit

Crown AD

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

Canli
(34)
NSW CCA 3.8.1992

3 x Supply

2.7g found

VG

On bail and bond. Prior drugs

MT 2y 3m
AT 9m

AD

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

Greer
(50)
(1992) 62 A Crim R 442

Supply

9.5g

VG

nil

MT 3y
AT 1y

AD

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

Fabian
(1993) 64 A Crim R 365

Supply

Sched:
1 offence

33.7

PG

prior convictions for supply heroin - on recog at time of offence

3y 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 supply

9.88g

VG

Minor driving offences

MT 3y
AT 12m

AD

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

Rofe
NSW CCA
18.2.1993

Supply

39-40g

PG

long 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 Supply

not stated

PG

minor

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

Supply

14.84g

VG

 

MT 1y 6m
AT 6m

Conviction AD

Observed by police removing heroin from laneway.

Cotterill
NSW CCA
7.6.1993

Supply

5.57g

VG

Substantial

MT 3y
AT 1y

AD

Possession of drugs in foils – selling for financial gain

Tulloh
NSW CCA
16.9.1993

2 x Supply

0.5g
2.11g

PG

bad record, included use and possession

MT 1y
AT 1y

AD

Sold 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

VG

supply H

MT 4y
AT 16m

AD

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

Sande
(45)
NSW CCA
25.11.1993

Supply

40.9g

VG

minor

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 supply

27.54g

PG

extensive

MT 10m
AT 12m

AD

Acted as middleman for supply. Strong prospects of rehabilitation.

Sandford
(48)
(1994) 72 A Crim R 160

Supply

2g

VG

nil

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

Supply

5g

VG

nil

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

PG

nil

MT 4y
AT 3y

AD

Transaction 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

PG

nil

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

AD

Listening 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

Supply

6.4g

VG

No 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

Supply

32.1g

VG

on bond for supply heroin

MT 3y
AT 1y

AD

Drug found on A.

Szczeklik
(41)
NSW CCA
6.3.1995

Supply

10.79g

PG

Gaol 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 day

PG

on recog

MT 18m
AT 6m

AD

Supply over two months to support own habit.

David
NSW CCA
20.4.1995

Supply

4-5g

VG

Nil but on bail for drug offence

MT 18m
AT 1y

AD

Supply 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

PG

On 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 Supply

36.6g

 

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

Supply

30.42g

VG

poor

MT 4y
AT 16m

AD

Observed by nearby occupant retrieving drugs from park.

Cecil
NSW CCA 8.11.1995
2 x Supply

Sched:
6 offences
0.77g
0.26g
PG MT 2y 3m
AT 9m
AD Took 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

AD

First 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 Supply

28g

PG

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

Supply

4.55g

PG

 

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 27.3.1997

Supply

3.02g

PG

bond for assault

MT 12m
AT 4m

AD

0.42g 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

Supply

19g

VG

includes 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

Supply

6.41g found

PG

Unenviable 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

Supply

8.62g

PG

significant - bribery and drugs.

MT 12m
AT 2y

AD

Observed 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

Supply

3.3g

VG

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

Supply

2.5g

VG

minor drug matters

MT 12m
AT 12m

AD

Observed 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

PG

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

MT 3y
AT 1y

AD

Police 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

6g

PG

 

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

11.61g

PG

on bond for drug matters

MT 2y
AT 2y

AD

Observed 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

Supply

29.8g
0.03g

PG

supply 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)
NSW CCA
15.9.1999

Supply

Sched:
2 x supply

$40-50 deals

PG

Dishonesty 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)
NSW CCA [244]
10.7.2000

4 x Supply

Sched:
8 offences

$400
$50
3g
3g

PG

extensive - 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)
NSW CCA [13]
12.2.2001

Supply

7.05g

PG

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)
NSW CCA [28]
19.2.2001

Supply

Sched:
Supply heroin

27g (71% pure)

PG

Dishonesty and driving offences

MT 12m
AT 12m

AD

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

Nguyen
(27)
NSW CCA [132]
6.4.2001

Supply

Sched:
7 unrelated offences

8.26g

PG

prior convictions

3y
NPP 18m

AD

Found in possession of heroin when car stopped for driving offences.
Rehabilitation from drug addiction.

Giurgis
(24)
NSW CCA [129]
11.4.2001

Supply

5.5g

PG

minor 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
NSW CCA [269]
29.6.2001

Deemed supply

6.6g

VG

 

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)
NSW CCA [536]
14.12.2001

Supply

14.5g

VG

lengthy 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)
NSW CCA [186]
29.5.2002

Supply

0.5g
0.61g

VG

none for drugs

3y 6m
NPP 2y

AD

Drugs found in house

Kostadinovic
(21)
NSW CCA [38]
28.2.2003

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

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)
NSW CCA [124]
2.5.2003

Knowingly take part
2 x Supply

0.03g
0.01g
0.05g

PG

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)
NSW CCA [438]
30.11.2004

3 x Supply

Sched:
5 offences

$50 deal
8.3g
14.56g

PG

Minor – third offences committed on bail

5y
NPP 3y 6m

AD

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

Ly
(47)

Nguyen
(45)

NSW CCA [57]
21.2.2005

Supply


Supply
Receiving
GIC

28.21g

VG

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)
NSWCCA [312]
22.9.2005

2 x Supply

Sched:
GIC

Not stated, <16g

PG

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)
NSW CCA [140]
27.4.2006

2 x Supply

0.1g
0.3g

VG (see facts)

Breached parole – significant record for supply

3y
NPP 2y

AD

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

Hourigan
(37)
NSW CCA [183]
5.6.2006

4 x Supply

1.91g
1.93g
6.2g
6.21g

PG

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)
NSW CCA [74]
16.3.2007

Supply

Sched:
GIC

24.07g

PG

Lengthy – typical drug addict – breached conditional liberty

4y 8m
NPP 3y 7m

AD

Deemed supply – found at house – dealing in drugs

Kentwell
(36)
NSW CCA [93]
12.4.2007

Supply

10-15g

PG

Minor

2y 6m
NPP 16m

AD

Runner for highly organised Kings Cross business – 10-15g over 21 days
Difficult childhood – addiction - Rehabilitation

Jaskierski
NSW CCA [168]
19.6.2007

Supply

25.6g

VG

 

5y 6m
NPP 3y 6m

AD

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

Meager
NSW CCA [215]
31.8.2009

Supply

3g

PG

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)

NSW CCA [29]

9.3.2012

Supply

3.21g

PG

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)
NSWCCA [50]

1.5.2014
2 x Supply 3.39g 3.41g VG Nil 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