Legal Research > Sentencing Tables

Drugs - Heroin - Supply Commercial Quantity

 

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(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug (commercial quantity)
s.33(2) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20 years
Commercial quantity - 250g
Large commercial quantity - 1kg
1oz = approx 28g

Standard Non-Parole Period (offence committed on or after 1.2.2003) – 10 years  

​CaseOffenceAmountPleaSentenceAppealRecordFacts

Ghassibe (34)

 

NSW CCA
9.11.1993

Supply

1 Pd

VG

Original sentence imposed for 2 counts of supply

Resentenced after successful conviction appeal on first count

MT 3y
AT 1y

nil

Agreed to supply undercover police with a pound of heroin.

Minor player, good subjective features.

Tran
(56)

 

NSW CCA
25.11.1993

Supply

338.5g

PG (50% discount for assistance)

MT 4y
AT 1y

AA
MT 3y 9m
AT 1y 3m

nil

Taking drugs to Adelaide. To be paid $2,000 as courier.

Chung

NSW CCA 9.3.1994

 

Ma

NSW CCA 31.5.1995

Supply

 

 

 

Supply

371g

 

 

 

371g

PG

 

 

 

PG

MT 6y
AT 2y

 

 

MT 6y
AT 2y

AA
MT 5y
AT 1y 8m

 

AA
MT 5y 10d
AT 1y 7m 21d

minor

Supply made to undercover police officer for $110,000. Arrangements made with C, supply made by M. 75% pure. Supply for profit.

Sentenced on incorrect maximum penalty.

Wagner

 

NSW CCA
30.3.1994

Knowingly take part in supply

 

Sched:

Possess leaf

252g

PG

MT 6y
AT 3y

AA
(parity only)
MT 4y
AT 2y

on bail for supply at time of offence

Supplied drug to undercover police officer. Regarded as middleman of the operation, not as heavily involved as co-A. A believed amount of drug was less than 250, but agreed to plead to the commercial amount.

Niga

 

NSW CCA 13.4.1994

Supply

315.4g pure

PG on SI

3y PD

Crown AD
(sentence inadequate but Court declined to intervene)

 

Young, single mother with children. Sentence Indication. Assisted co-A by retrieving drugs from hiding place for dealer and minding money - minor, isolated and temporary involvement.

P Challita
(26)

 

 

M Challita
(27)

 

NSW CCA
14.4.1994

Knowingly concerned in supply

 

Supply

 

Sched:

3 offences

340g

PG

MT 3y 9m
AT 1y 3m

 

 

MT 6y
AT 2y

AD

nil

 

 

 

nil

 

Caught red-handed after police surveillance and undercover operation. M conducted actual supply, P involved in preparation.

Asaad

 

NSW CCA
5.10.1994

2 x Supply (less comm.)

Supply (comm.)

34.9g
27.7g

1 pd

VG

MT 4y 6m
AT 18m

AD

 

Actual supply

Offer to supply. Apprehended before transaction took place.

Chu

 

NSW CCA
2.2.1995

Supply

350.64g

VG

MT 7y 6m
AT 2y 6m

AD

 

79% purity. Observed by police supplying heroin. Later attended meeting set up by police.

Simionescu
(43)

 

NSW CCA
23.4.1996

Supply (less comm.)

Supply (comm.)

6.3g

 

 

287g

PG

MT 4y 6m
AT 18m

AD

no drugs

Supplied to undercover police officer.

Xerri
(49)

 

NSW CCA 18.7.1996

Supply

Knowingly concerned in supply

4oz

12oz

PG

MT 4y
AT 16m

AA
MT 3y 3m
AT 1y 1m

no gaol or drugs

Actual supply of 4oz – Had 12oz in car to complete supply – Financial gain

Parity

To

 

NSW CCA 20.11.1996

Supply (less comm.)

Supply (comm.)

225g

 

 

900g

PG

MT 5y 6m
AT 3y

AD

nil relevant

First count was actual supply. Second count was offer. Serious case of drug dealing for profit. Included other supplies of samples, although not the subject of any charge.

Brehoi
(38)

 

NSW CCA
16.12.1996

4 x Supply (less comm.)

Supply (comm.)

1 pd

112.4g

248g

9.5g

PG

MT 4y
AT 2y 6m

AD

On bail for drug charges when committed 3 offences

Lengthy record including supply H.

Agree to supply 1 pd

Actual supply

Admission to selling

2 x deemed supply.

August 1991 - December 1993.

Jin

 

NSW CCA 9.7.1997

Knowingly take part in supply

Supply (less comm.)

 

Sched:
GIC

12 oz 96.27g

 

PG

MT 5y
AT 2y

AD

nil

Caught as a result of extensive surveillance. Second count related to 96.27g heroin found in A’s car. Offence committed out of need not greed.

Pauna

 

NSW CCA
2.12.1997

2 x Supply (comm.)

4 x Supply (less comm.)

See facts

VG

 

VG / PG

MT 10y
AT 3y 4m

AD

 

Supplier of heroin on large scale over 5y – sold in small amounts

Lin
(35)

 

NSW CCA
2.7.1999

Knowingly take part in supply

Supply

474g

365.1g

PG

MT 6y
AT 2y

AD

nil

Conveyed 474g heroin to location where it was handed to undercover police. 365.1g heroin found in flat. Courier and warehouser. Seen in company of significant players.

Ambatsidis
(30)

 

NSW CCA [125]
14.4.2000

2 x Supply

1 kg

.22g

PG

MT 3y 9m
AT 2y 3m

AD

record in Qld and Vic

Agreed to supply undercover police officer 1kg heroin. Actual supply of .22g.

Addicted to heroin as result of pethidine treatment when badly burned.

Luong

 

NSW CCA
14.4.2000

 

Co-Offender: NGUYEN

Supply

716.5g

VG

MT 8m
AT 2y 10m

Crown AD

nil

Joint possession of heroin found in car with husband. Scales and money also found. Supporting gambling addiction.

Mother of three children. Gave birth to baby shortly after arrest and no facilities to stay with baby until after appeal. Husband gaoled Lack of English. Suffering depression. MT expired 6mths ago.

D’Amico

 

NSW CCA [290]
2.8.2000

Knowingly take part in supply

See facts

PG

MT 4y
AT 2y

AD

 

Female - Employed two runners to deliver drugs to customers - over 60 day period bought 350g, used 60-90g herself, paid runners 60g and sold balance.

Supported own habit - 4y old daughter.

Nguyen

 

NSW CCA [547]
8.12.2000

 

Co-Offender:
LUONG

Supply

727g

PG

MT 4y 6m
AT 18m

AD

nil prior

Appellant and wife driving from Melbourne to Sydney with drugs in car.

Addicted to gambling - played primary role in offence.

Pham

 

NSW CCA [101]
26.3.2001

Supply (less comm.)

Supply (comm.)

7g

10 ounces

PG

MT4y
AT 2y

AD

drug offences

Supplied 7g heroin to undercover police officer - later supplied 10 ounces.

Addict

Long
(20)

 

NSW CCA [159]
30.4.2001

Supply

 

Sched:

2 offences

352.6g

358.8g

PG
(25%)

6y
NPP 4y 6m

AD

on recog for same offence

Arrested at airport intending to take two blocks of heroin to Adelaide.

Sad personal history, threatened with violence, drug addiction, suffering major depressive disorder,

Nguyen
(25)

 

NSW CCA [183]
16.5.2002

 

Co-Accused: KIRIKIAN

TUTOVEANU

Supply

 

Sched:
Knowingly take part in supply comm. qty

700g

 

 

700g

PG (25%)

5y 6m
NPP 2y 6m

Crown AA
8y NPP 5y

Assault police offences – treated as not significant

Took part in major scheme importing heroin between Gold Coast and Sydney. Sydney supplier. Supplied 2 x 350g blocks taken to Gold Coast. Further supply of 700g to take place when police intervened

User. Good background.

 

Nguyen
(35)

 

NSW CCA [333]
21.8.2002

Supply

423g

PG

4y
NPP 3y

AA
4y
NPP 2y

nil

Found in possession of heroin at home - Was to deliver heroin for $2,000 - Lower end of scale of involvement

Remorse - Wife with three children - At time of offence suffering financial and family difficulties

Malek
(60)

NSW CCA [424]
15.10.2002

2 x Knowingly concerned in supply (heroin and cocaine)

See facts

PG (25%)

8y
NPP 4y

AA
6y
NPP 2y 9m

nil relevant

Worked at brothel as manager / book-keeper - Aware girls being supplied with heroin and cocaine over 17 months - Involved in some book-keeping - No evidence received proceeds from supply

Remorse - Health

Kirikian
(44)

 

NSW CCA [422]
15.10.2002

 

Co-offender: NGUYEN

TUTOVEANU

2 x Knowingly concerned in supply

1.4kg

PG

6y
NPP 3y

AD

supply cannabis leaf

Broker in drug transactions - Negotiated price and arranged payment and delivery

Assistance - Remorse

Wong

 

NSW CCA [527]
18.12.2002

Knowingly take part in supply (less comm.)

Knowingly take part in supply (comm.)

1 oz

1 pound

VG

6y
NPP 5y

AA
6y
NPP 4y

nil relevant

Supplied 1 oz heroin to co-offender who supplied to undercover police officer. Agreed to supply 1 pd – Active and major principal

Original sentence structure erroneous.

Markarian
(36)

 

(2003) 137 A Crim R 497

 

HCA [25]
18.5.2005

 

NSW CCA [264]
3.8.2005

Knowingly take part in supply

 

Sched:
4 offences

415g

PG (25%)

2y 6m
NPP 15m

Crown AA
8y
NPP 4y 6m

 

High Court appeal allowed – matter remitted to CCA

 

Crown AD

on parole for drug offence

Chauffeur for primary offender - Involved in other tasks

Some prospects of rehabilitation – Addiction

Second appeal to CCA – considered sufficient punishment inflicted – evidence of rehabilitation

Shalala

 

NSW CCA [330]
11.11.2003

Supply

260.4g

VG

7y
NPP 5y

AD

Not stated

Deemed supply – little facts given

X (Miss X)

 

NSW CCA [93]
8.4.2004

Conspiracy supply

618g

PG (25%)

2y suspended sentence

Crown AA
2y 6m
NPP 1y 6m

 

Head of drug syndicate in Newcastle – Responsible for purchase and distribution – Paid couriers and employed a manager – Drugs with value of $150-176k – Return of $309k throughout conspiracy.

Background of dysfunction and violence.

Mother of five children – SJ erred in treating family circumstances as exceptional circumstances.

Fakhreddine

 

NSW CCA [354]
13.10.2004

Supply

421.3g

PG (25%)

12y
NPP 8y

AD

AR – breached parole

Involved in purchasing drugs and packaging and supplying drugs through runners – With co-offender manager and controller of extensive drug syndicate

So

 

NSW CCA [362]
25.10.2004

Supply

Supply cocaine

Not less than commercial

PG (13.3%)

13y
NPP 10y 6m
(concurrent terms)

AD

Nil

Principal in a sophisticated enterprise distributing small amounts of cocaine and heroin out of Kings Cross, with 7 ‘runners’

Prior good character – relative youth – excellent prospects of rehabilitation – unlikely to re-offend

Tutoveanu

 

NSW CCA [149]
20.4.2005

 

Co-offenders:
KIRIKIAN

NGUYEN

Knowingly take part in supply

Supply

12.5oz

VG

 

PG

13y
NPP 8y

AD

 

Involved in attempted supply of 12.5oz – Heroin seized by police – Second order arranged to pay for loss of first heroin – Significant involvement

Ancuta

 

NSW CCA [275]
17.8.2005

Supply
(deemed)

701.6g

PG (20%)

9y
NPP 6y 6m

AA
8y
NPP 5y

Minor

SNPP 10 years

Found in possession of heroin – paid $250,000 for drugs – travelled from Brisbane to Sydney

Health problems

Martin
(50)

 

NSW CCA [381]
10.11.2005

Supply

Approx 1kg

PG (20%)

8y
NPP 6y

AD

Appalling record with serious offences

Female – Joint enterprise with sister in business of supplying heroin through network of lower level suppliers – Principal

Recently diagnosed with ADHD

Tran
(44)

 

NSW CCA [266]
30.8.2006

Supply

 

Sched:
24 related offences

834.9g

PG (40% plea and assist)

8y
NPP 5y

AA
7y
NPP 4y 3m

Minor record

SNPP 10 years

Middleman / broker – permitted premises to be used for exchange of drugs – introduced buyer to supplier – to receive $4,000

Significant addiction – good prospects of rehabilitation – assistance – parity (Lam (2006) NSW CCA [11]

2.2.2006 / Lo (2005) 159 A Crim R 71 – supply large comm. qty)

Vu
(36)

 

NSW CCA [2]
24.1.2007

Supply

792.1g

VG

10y 8m
NPP 8y

AA
8y
NPP 6y

Nil

SNPP 10 years

Flew to Brisbane with co-offender to arrange supply – subsequently found in possession of drugs ready for supply – less significant role

Vietnamese – parity to co-offender Vu [2006] NSW CCA 188 – (lge commercial qty heroin)

Nguyen
(38)

 

NSW CCA [15]
7.2.2007

Supply

 

Sched:
2 offences

Approx 1kg

PG

10y
NPP 6y

AD

Nil

SNPP 10 years

Supplied family of drug dealers over 4 months – wholesaler at top of hierarchy

Deprived childhood in Vietnam – drug and gambling addiction

Ma
(20)

 

 

 

 

 

Pham
(22)

 

NSW CCA [240]
8.8.2007

Knowingly take part

 

Sched:
3 x Drug premises off

 

Knowingly take part

 

Sched:
3 x drug premises off

 

PG

 

 

 

 

 

 

PG

10y 6m
NPP 7y

 

 

 

 

 

9y
NPP 5y 6m

AD

 

 

 

 

 

 

AD

Minor drug offences

 

 

 

 

Minor drug offences – breached bond

SNPP 10 years

Involved in well planned organisation distributing heroin in Liverpool area over 2 months – number of premises used

M – manager – purchased large amounts of heroin for on-supply – user – prospects of rehabilitation – protective custody

P – street dealer – user – genuine remorse – good prospects of rehabilitation

Huynh

 

NSW CCA [65]
13.3.2009

Supply

350g

VG

13y
NPP 10y

AD

 

SNPP 10 years

Female – 350g found in possession of co-offender in Sydney – supply took place in Melbourne – mid-range – not isolated offence

Vietnamese

Ho
(45)

 

NSWCCA [174]
29.7.2013

 

Supply

s36Y-Premises used as drug premises-expose child to prohb drugs

 

Sched:
3 x Proceeds crime

s36Y

352.2g

PG (25%)

Supply 9y
NPP 6y

 

s36Y – FT 1m

 

 

Total:
9y 1m
NPP 6y 1m

AD

Supply drugs.

 

SNPP 10 years

Female – facts not stated – role of broker.

Difficult background – poor education – drug addiction.

Special circumstances - lack of any pro-social support network - depression, stress and anxiety - Treatment for substance dependence, gambling and mental health difficulties - obtaining suitable community-based support post-release, employment and accommodation required

Horne
(30)

 

[2014] NSWCCA 133

Supply

250g minimum

PG
(25%)

8yNPP 5y

AA
6y 8m
NPP 4y 2m

Nil

SNPP 10 years

Involved in heroin distribution network – local manager – delivered drugs to co-offender who sold them through street dealers – supplied over one month – eighty regular customers

Good prospects of rehabilitation – assistance to authorities in unrelated matter (17%)

Error made in calculation of guilty plea discount and parity

Eldridge

(33)

 

 

 

McKay
(54)

 

[2015] NSWCCA 127

Supply 

Sched:
Supply drug

 

 

2 x Supply

770g

 

 

 

 

 742g
27.6g

PG

(25%)

 

 

 

PG
(25%)

8y

NPP 5y

AA

6y 9m
NPP 4y

Limited

 

 

 

 

Limited

SNPP 10 years

Female offenders – McKay mother of Eldridge  - members of family involved in supplying heroin -  ordered heroin and methylamphetamine from two upper-level suppliers, S and N based in Sydney – offences committed to feed their own drug addiction and intended distribution of drugs to others in their region.

Eldridge – 18 supplies constituting 770g heroin over July – Nov 2011 – remorse – rehabilitation prospects

McKay - 18 supplies constituting 742g heroin over July – Nov 2011.

CCA appeal allowed on parity ground with S.