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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

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Drugs - Heroin - Multiple Supply: s.25A

 
s.25A(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug on 3 or more occasions during 30 consecutive days - maximum penalty 20 years 
 

Case
(age if known)

DrugAmountPleaPriorsSentenceAppealFacts

Hoon
(18)

 

Pouoa
(19)

 

[2000] NSWCCA 137

 

Co-accused:
THOMPSON

s.25A

 

 

s.25A

 PG

drug related matters

 

MT 8m
AT 6m

 

MT 8m
AT 6m

Crown AD

Both girls runners for large scale heroin distribution network - provided by middle management with heroin each day and sold on streets - sentenced for three supplies of .25g each but both admitted to regular selling - not involved in administration and received no real profit

Both addicted to drugs and vulnerable.

Tipler

[2000] NSWCCA 382

s.25A

 

Sched:

7 offences

 PG 

MT 2y 9m
AT 2y 3m

AD

No merit in issue of parity.

Involved in ongoing sale of drugs in Tamworth area - higher in hierarchy than female co-offender.

Thompson

[2000] NSWCCA 362

 

Co-accused:  HOON & POUOA

s.25A

 

Sched:

2 dishonesty offences

 PGvirtually none

MT 8m 3w 4d
AT 2y 4m 5d
(+ 5w PSC)

AA

14m

NPP 5m 2d (to expire day of appeal)

Female - runner selling heroin on streets for heroin distribution network.

Sold heroin to support addiction.

Failure to take into account period at rehabilitation centre

Carter

[2000] NSWCCA 490

s.25A

 

Sched:

Other drug offences

 VGbreached recognisance

MT 2y
AT 1y

AD

Female - in business of selling heroin at street level.

Long term addiction.

Huang

[2001] NSWCCA 76

s.25A

27.9g

(72%)

83.5g (73.5%)

346.9g

(70%)

PG 

8y
NPP 6y

AD

Supplied to undercover police officer.

Middle aged man supplying for financial gain - no contrition.

Khaled

[2001] NSWCCA 169

s.25Atotal – 0.19gPGextensive criminal history including drug offences - on parole for drug offence

4y
NPP 2y

ADSupplied to undercover police officer - feeding addiction - street dealer with other sales during this period.

Patek

[2001] NSWCCA 315

s.25A

0.40g x 2

0.42g

0.32g

PG

(15%)

lengthy

2y 3m
NPP 20m

Crown AD

Supplied to undercover police

Heroin addict.

Sentence "light" but no error shown - some reference to other cases.

Nuth
(18)

[2001] NSWCCA 318

s.25A

 

Sched:

Supply heroin

GIC

small amountsPGshoplifting - on bond

4y
NPP 2y

AA

3y

NPP 18m

Supplied small amount of heroin over several weeks - importance of admissions to proving crown case

Unemployed – refugee - drug addiction - low intelligence.

Boardman
(41)

[2001] NSWCCA 431

 

Co-accused:  LENEHAN

s.25Anot statedPGlong record

3y 9m
NPP 2y 10m

AA
3y
NPP 2y 3m

Engaged in on going supply with de facto wife - supplied to police officer three times - feeding habit and making profit.

Long association with drugs - little prospect of rehabilitation.

Arnott
(47)

[2001] NSWCCA 497

s.25A

 

Sched:

5 x supply heroin-

total of 0.2g

PG

(25% on appeal)

Not stated

4y
NPP 2y 6m
(from JIRS summary)

AA
2y 8m
NPP 2y

Female - involved in systematic but small scale dealing over two months to pay debts - desperate financial straits

Le
(18)

[2002] NSWCCA 26

s.25A PGDrugs - GIC

5y
NPP 3y

AA
4y
NPP 2y

Arrested under police surveillance - supplied heroin from house in Newtown.

Youth - refugee background.

Gill
(34)

[2002] NSWCCA 93

s.25A

0.07g
0.06g
0.16g
0.07g

PG

(25%)

extensive - breached bond and bail

3y 6m
NPP 2y 8m

AA
3y 6m
NPP 2y 6m

Sold to undercover police officer

Heroin addiction - accumulation to existing 6m sentence

Lenehan

[2002] NSWCCA 158

 

Co-Accused:  BOARDMAN

s.25A PG 

3y
NPP 12m

AA
2y 4½m
NPP 8½m

Female - no facts supplied - see Boardman

Bruppacher

[2002] NSWCCA 182

s.25A

1.9g
0.11g
0.06g

PGpriors for drug dealing

5y 6m
NPP 3y 3m

AD

Evidence of dealing to a considerable extent

User

Kostecoglou
(23)

(2002) 137 A Crim R 257

2 x s.25A


2 x s.25A cocaine

 

Sched:
Possess unauth firearm

 

PG

(25%)

nil

FT 12m

 

3y 2m
NPP 12m
(concurrent)

Crown AD

Part of large scale syndicate involved in drug distribution - Street dealer for 2 months - Also involved in other aspects of business

Developed major drug problem after mother died - Evidence of rehabilitation - Stringent bail conditions

Carter
(41)

[2003] NSWCCA 243

s.25A$50 amountsVGRecord for supply drugs

3y 8m
NPP 2y 9m

AD

Female - supplied to 3 separate persons on separate occasions

Lengthy history of drug abuse

Truong
(late middle age)

[2003] NSWCCA 314

s.25A$50 amounts

PG
(25%)

Nil

3y 6m
NPP 2y

ADSupplied to undercover police officer

Bentley
(35)

[2003] NSWCCA 360

s.25A

0.25g
0.27g
0.38g

VGLimited

3y
NPP 27m

AD

Supplied 0.9g over three days to undercover police officer for $360

Drug addiction – protective custody

Le
(30)

[2005] NSWCCA 162

s.25A

4.9g
4.9g
5g

PG
(15%)

Nil

4y 8m
NPP 2y 8m

AD

Sold to undercover police officer – part of more extensive dealing

Drug addict

Magtoto
(40)

[2005] NSWCCA 180

s.25A PGSubstantial – no supplies – breached bonds and suspended sentence

2y 8m
NPP 2y

AD

Sold to undercover police officer

Addict

Sama
(31)

[2005] NSWCCA 191

s.25A

0.05g

 

0.029g

 

18.6g methadone

PGPriors for drug possession

30m
NPP 15m

ADSold to undercover police operatives – part of planned activity

Huang

[2005] NSWCCA 244

s.25A

0.45g
0.10g

PG

(15%)

Breached bond

5y
NPP 3y 6m

AD

Involved with mother in highly organised and ongoing heroin distribution from residence – supplied to undercover police officer

Long-term drug addiction

Ellaz
(30)

[2005] NSWCCA 350

s.25A

 

Sched:
GIC

0.69g

PG
(15%)

Breached bond – record for driving offences

2y 10m
NPP 1y 10m

AD

Sold drugs to undercover police officer – part of sophisticated heroin dealing operation – commercial gain

Assistance – mental health issues

Giang
(23)

[2005] NSWCCA 387

s.25A

 

Sched:
GIC
Possess

Small foils

PG
(25%)

Minor

3y 3m
NPP 1y 9m

AD

Engaged in business of selling heroin – "arvo shift" – sold small foils for $50

Some prospects of rehabilitation – drug addiction

Mizzi
(20)

[2006] NSWCCA 194

s.25A


Sched:
Knowingly supply heroin

0.2g
0.21g
0.09g
0.19g

PG
(25%)

Nil

3y
NPP 18m PD

AD

With boyfriend engaged in heroin dealing  - boyfriend supplied to undercover police – coercion

Difficult childhood – sexual abuse – physical and emotional abuse by co-offender – 2 weeks PSC – mother to four children

Hanza

(2008) 191 A Crim R 435

NSWCCA

s.25A

 

s.25A

 

Sched:
Supply

27.94g

 

167.46g

PG 

FT 2y

 

5y
NPP 3y

Total
6y
NPP 4y

ADControlled operations - female

Ritter
(39)

[2012] NSWCCA 121

s.25A

 

 

s.25A

 

Sched:
Deemed supply

80g

 

 

80g

PG
25%

minor

6y 6m
NPP 3y

 

6y
NPP 4y

 

Total
9y 6m
NPP 6y

AD

Thriving drug trade selling small amounts to users – low in hierarchy – charges cover over 160 supplies over two months

Dysfunctional childhood – heroin addiction – remorse – good prospects of rehabilitation

Greer
(68)

[2015] NSWCCA 312

s.25A

 

 

s.25A methamphet

Approx 23g

 

 

 

Approx 1-2g on 9 occasions

VGSignificant - supply drugs

7y
NPP 4y

 

 

7y
NPP 3y

 

Total:
10y
NPP 6y

AA
7y
NPP 4y

 

7y
NPP 4y

 

Total
8y
NPP 5y

Two offences of ongoing supply during same period but of different drugs - heroin charge based upon 23 occasions of supply to two customers and undercover police officer - meth supplied to single customer on 9 occasions - substantially involved in business of drug dealing.

Age – health

Last updated – 11/9/2017

 

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