Legal Research > Sentencing Tables

Drugs - Heroin - Possess Prohibited Import- Trafficable Quantity

 

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


Customs Act 1901 (Cth)
s.233B(1) - import prohibited drug
s.235(2)(d) - maximum penalty - 25y
Commercial quantity - 1.5kg
(repealed 6.12.2005)


Criminal Code (Cth)
s.307.6 - possess marketable quantity unlawful import
s.307.9 - possess marketable quantity reasonably suspected unlawful import
Maximum penalty - 25y
Commercial quantity - 1.5kg
Marketable quantity - 2g

CaseOffence​Amount​Plea​Priors​SentenceAppeal​Facts

Ghomari


NSW CCA
12.4.1991

Possess

345g (pure)

PG

MT 8y
AT 2y 8m

AD

Courier

Lam


(1991) 53 A Crim R 118

Possess

1.433kg (pure)

PG

MT 7y
AT 2y 4m

AD

No role in importation - minding it for someone else. Culpability well down the line. To receive reward of $10,000.

Mai




Tran



(1992) 60 A Crim R 49

Possess
Attempt possess



Possess

50g of 6.9kg importation

VG




VG

MT 10y
AT 3y
FT 5y (concurrent)

MT 10y
AT 3y

AD

Suitcase arrived in Australia as unaccompanied luggage. Intercepted and controlled delivery established. Picked up by T. M later apprehended with substituted block. Dealt with as major operators.

Ayoub
(60)


NSW CCA 10.3.1994

Possess

295.8g (pure)

PG

nil

18mth
to be released to recog after 9m

Crown AA
3y
to be released to recog after 18m

Female offender from Lebanon. Sent heroin in package from Lebanon. Intercepted and controlled delivery arranged. She accepted delivery and signed. Advised a male that the 'present' had arrived. Agreed to co-operate with police against co-accused.

Lawless


NSW CCA
24.6.1994

Possess

345g (pure)

VG

nil

5y
NPP 3y

AD

2 Nepalese couriers made controlled delivery to A- wired by police. Took possession of only 16g but regarded as part of wider intention. Played significant part in intended distribution.

Lama


NSW CCA
4.8.1995

Attempt possess

Just under 1.5kg

G
(SI)

8y
NPP 5y 2m
(assistance)

AD

Collected drugs from courier to hold for principal.
Without assistance sentence would have been 10y NPP 6y

Hoi


NSW CCA [6]
24.2.1999

Attempt possess

A little more than 1kg

G
(after 2 weeks of trial)

conviction for possession drugs in Hong Kong

5y 4m
NPP 3y 6m

Crown AD

Heroin imported in carbon paper packed in glass pictures. Arrived with co-offender to transport goods to Melbourne. Courier.

Tu


NSW CCA [357]
22.10.1999

Possess

670g (pure)

prior for deemed possession

9y
NPP 6y

AA
6y
NPP 4y

2 parcels of heroin found in unit. Minder
Refugee with unfortunate employment history.

Huang


NSW CCA [238]
(2000) 113 A Crim R 386

Attempt possess

809.5g (pure)

PG

nil

8y
NPP 5y

AD

Took delivery of heroin imported by co-offender at Hotel. Dealt with as a courier.
Family hardship; difficulty in gaol because foreigner.

Karacic


NSW CCA [12]
(2001) 121 A Crim R 7

Attempt possess

453.8g (pure)

PG

no gaol

10y
NPP 7y

AA
8y
NPP 5y

Attempted to take delivery of drugs sent from Hong Kong to computer company. Used letterheads and postal address of uninvolved company to take delivery of drugs. Greater than mere courier.

Besodi
(over 50)


NSW CCA [452]
20.11.2002

Attempt possess

14.6g (pure)

PG

nil

8y
NPP 5y

AA
6y
NPP 3y 9m

Took delivery of package containing heroin - Organiser
Afghan - Well established business - Prominant community work

Bousehjin
(38)


NSW CCA [86]
25.3.2003

Possess

720g (pure)

PG

nil

8y
NPP 5y 4m

AD

Picked up drugs from courier at hotel in controlled delivery- Higher than courier
Iranian - Suffers substantial back injury


 

Post Repeal s.16G

CaseOffenceAmountPleaRecordSentenceAppealFacts

Dang
(25)


NSW CCA [265]
28.7.2004

Attempt possess

92g (pure)

PG

Failure to report excess currency

7y 6m
NPP 5y

AD

Package forwarded to offender from Vietnam intercepted by customs officers, containing four packages of heroin concealed in two hardcover books - street value $176,400-$223,440.
Offender on expired student visa.

Aksu
(24)


NSW CCA [284]
18.8.2004

Att possess

PG

4y 3m
NPP 2y 6m

Crown AD

minor

Importation from Hong Kong of 708.5g pure heroin - controlled delivery - co-offenders sentenced for importation
Recruited to collect package - favourable prospects of rehabilitation

Okafor


NSW CCA [147]
30.5.2007

Attempt possess

108g (pure)

VG

6y
NPP 4y

AD

Good character

Attempted to collect package containing drugs from post box


 

Criminal Code

CaseOffenceAmountPleaRecordSentenceAppealFacts

El-Ghourani


NSW CCA [140]
7.5.2009

Att possess

181.5g

PG

Priors - possess drug

9y
NPP 6y

AD

Was to receive drugs sent in timber frames in packages - controlled delivery - more than mere courier
Married with children

Todoroski


NSW CCA [75]
30.4.2010

Att possess

825.7g (pure)

PG

6y 6m
NPP 3y 9m

Crown AD

Package sent from Bangkok to fictitious person containing drug hidden in glue sticks - arranged for sister to accept delivery - controlled delivery unsuccessful because late - admitted paid to arrange and take delivery of package - culpability in upper end of mid-range

Eriyo

(35)

 

[2015] NSWCCA 16

Attempt possess

Possess

130.1g

118.7g

​PG​Nil6y 10m

NPP 4y 10m

AA only insofar as commencement dates.

6y 10m

NPP 4y 10m

​Consignment from overseas delivered to A's address – drugs hidden in sandals – police officers attended A's residence whilst being delivered – search of A's premises found shoe containing further drugs.

Role of trusted middleman in an organised distribution chain.

Nigerian background – represented Nigeria in Cth Games in Australia and acquired refugee status – financial motivation

Dang

(35)

 

Tran

 

[2015] NSWCCA 163

Att possess822.3g (pure)​VG

 

 

VG

​Nil relevant7y 10m

NPP 5y 2m

 

10y
NPP 6y 6m

​AD

 

 

AD

​Acted in concert with others to import heroin in tennis bats from Hong Kong – controlled delivery – present to take possession of drugs after delivered to co-offender

T – more than courier – essential link in sophisticated international enterprise

D – sub-ordinate role – Vietnamese – care of elderly mother