Legal Research > Sentencing Tables

Drugs - Heroin - Supply Large 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(3) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty life
Large commercial quantity - 1kg

Case Offence Amount Plea Sentence Appeal Record Facts

Chan
(43)
NSW CCA [103]
29.4.1999

3 x Supply
Knowingly take part in supply large comm quantity

Sched:
3 offences

408.06g
1231.1g
55.98g
27.92g

PG

MT 3y 6m
AT 2y

Crown AA
MT 5y 9m
AT 2y 9m

Nil
later offences committed on bail

408.6g heroin found in A's pocket - deemed supply.
Used post office boxes under different names to receive 1231.1g heroin in envelopes.
Supplied 55.98g to undercover police.
27.92g found in car.
Directing party in offences with co-offender. Late plea, heavy heroin user, special circumstances.

Cassar
(33)
NSW CCA [152]
28.5.1999

Supply large comm quantity

3.36kg

VG

MT 8y
AT 2y 9m

AA
MT 7y 6m
AT 2y 6m

drugs, possession

A and co-offender seen with bag. Police search found heroin and paraphernalia in bag. Street value $3.9m.
No remorse. Important and necessary role but did not manage or control operation. Good rehabilitation.

Chung
(39)
NSW CCA [330]
22.10.1999

Supply large comm quantity

63kg

VG

Life

AD

* Conviction appeal subsequently allowed and matter returned for retrial (NSW CCA [484] 19.11.2001)

nil

Sydney enterprise associated with international criminal organisation headquartered in Thailand. Position of seniority in hierarchy.

(On retrial offender pleaded to lesser offence.)

Hameed
(32)
(2001) 123 A Crim R 213

Supply comm.
2 x Supply large comm.

Sched:
2 x Supply large comm

671g
2.6894kg
2.746kg
2.8kg
1.359kg

PG

MT 5y 6m
AT 1y 10m

AD

nil significant

Involved in supply of heroin to undercover police officer - middle man.
Motivated by greed. Assistance to authorities.

Wan
(female)


Phan
(male)

NSW CCA [501]
23.11.2001

2 x Supply 'large quantity'heroin

Supply 'large quantity'heroin

350.4g
1.4kg


1.4kg

PG



PG

10y
NPP 7y 6m


10y
NPP 7y 6m

AA
9y
NPP 6y 9m

AA
7y 6m
NPP 5y 7m

Wan involved in supply of smaller amount to undercover agent - Agreed to supply larger amount with assistance of Phan. Phan involved in second offence only.
Judge failed to give sufficient discount for guilty plea and erred in assessing criminality of offenders as equal.

Le
(36)
NSW CCA [232]
14.6.2002

Co-offender:
PHAM

Knowingly take part in supply

2,103.5g (893g pure)

VG

9y 6m
NPP 5y 4m

AD

nil

Significant role in well-organised operation - Isolated incident
Female - Difficult background in Vietnam - Isolated in gaol - Powerful mitigating case

Cheng
(26)
NSW CCA [225]
17.6.2002

Conspiracy to supply

2kg (73.6% pure)

VG

14y
NPP 8y

AA
12y
NPP 7y

nil

Upper middle management
Female - Malaysian - High prospects of rehabilitation

Ho
(22)
NSW CCA [379]
25.9.2002

Knowingly take part in supply

4.05kg

PG

5y
NPP 3y 6m

AD

nil

Courier - Picked up drugs from car and arrested by police in possession
Gave evidence against co-offender (He NSW CCA [370] 28.8.2002 - see import heroin)
Married with young daughter

Yaghi
(30)
NSW CCA [396]
2.10.2002

Conspiracy to supply

Sched:
Supply offence

1.4kg


450g

PG

10y
NPP 6y 6m

AA
7y 6m
NPP 5y

nil

Police officer involved in scam to steal money from person by agreeing to supply heroin - No intent to supply - Negotiated to supply cocaine - Organised and well planned scheme
Mental stress at time of offence provides some explanation

Panagakos
(31)
NSW CCA [81]
1.4.2003

Supply

Sched:
Supply comm qty cocaine

Approx 2kg

PG

10y
NPP 7y 6m

AA
10y
NPP 6y 6m

little record

Involved in network supplying drugs from hotel - sold heroin and cocaine from hotel room over 4 month period
Longterm drug addiction and gambling problem - Parity

Le
(33)
NSW CCA [197]
15.7.2003

Supply

Sched:
GIC

1.4kg

VG

12y
NPP 9y

AD

Aid & abet supply heroin

Police surveillance of telephone calls between appellant and other person - intercepted appellant after meeting with other persons - found with $160,000 cash - 28g heroin found on premises - arrangements to supply - sales and delivery man.

EG
NSW CCA [246]
19.8.2003

Supply

Sched:
Supply comm. qty cocaine

4kg

PG

11y 3m
NPP 8y 6m

AD

Managerial level - Supplies over 4 months - Supplied drugs to suppliers and supervised
Remorse - Assistance to authorities

Do
(25)
NSWCCA [209]
9.6.2005

Supply cocaine and heroin

1.5kg C
6kg H

VG

12y
NPP 9y

AD

Nil

Bought drugs in pure form, mixed with sugar and resold through runners - sought to downplay his role in operation
Vietnamese - Wife and child in Vietnam - drug use - gambling habit of $3,000 per day - some remorse - good character

Attallah
(50)
NSW CCA [277]
25.8.2005

Supply large comm qty heroin
Supply large comm qty cocaine

Over 3kg heroin
Over 8kg cocaine

VG

Life sentence

24y
NPP 18y

Drug offences

Conducted unlicenced brothel - supplied prostitutes with small amount of heroin and cocaine over long period of time - commercial supply

Lam
(41)
NSW CCA [11]
2.2.2006

Supply large comm qty heroin
Supply comm qty heroin

1.4067kg
834.7g

PG

Total:
17y 6m
NPP 12y 6m

AA
Total:
14y
NPP 10y

Vietnamese man came to Australia to commit offences - organiser
Parity

Liu
(29)
NSW CCA [450]
16.12.2005

Knowingly take part in supply lrg comm. qty

2.1kg

PG

8y
NPP 5y

AD

Criminal record for supply

Assisted main offender in collection and return of drugs - involved to pay off drug debt
Good prospects of rehabilitation

Vu
(27)
NSW CCA [188]
22.6.2006

Offer to supply lge comm. qty
Supply comm. qty

Sched:
Supply comm. qty

1,575g
729g
792.1g

PG

14y
NPP 11y

AA
14y
NPP 9y

Nil

Arranged for 729g heroin to be transported to Brisbane by bus - offered to sell 1,575g to police informer - found in possession of 729.1g after arrangement made to sell - offer made in context of on-going supply
Married with children - drug and gambling addiction

CTC
NSW CCA [263]
6.9.2006

Supply large commercial quantity

2.032kg

PG

8y 6m
NPP 5y 6m

AD

Supply drugs

Applicant acted as distributor for group of people - Applicant received 2.1kg of heroin being three times the amount he wanted - Unable to offload that amount, arrangements made to return 1.4kg excess - Further drugs found at applicant's residence.
Had served two lengthy prison sentences for similar offences.

Stojkov
NSW CCA [205]
2.8.2007

Supply large commercial quantity

1.789kg (1.08kg pure)

VG

7y
NPP 5y 3m

AD

Involved in supply to undercover police officer

Chow
NSW CCA [225]
2.8.2007

Knowingly take part in supply large commercial quantity

3.5kg

VG

11y
NPP 8y 3m

AD

Similar offence

Arranged for payment of money on behalf of principal - between principal and supplier

Laalaa
(34)
NSW CCA [250]
2.10.2009

Supply

Sched:
Supply cocaine

PG

20y
NPP 15y

AD

Rob in co, Use firearm, Goods in custody

Principal of drug operation involving selling heroin and cocaine out of hotel room in Kings Cross over three month period - arrested with thirteen others.

Collier

(45-46)

NSWCCA [213]

4.10.2012

 

Supply H

Supply M

 

Sched:

Supply H

 

 

PG

(25%)

 

20y

NPP 15y

 

AA

18y

NPP 13y 6m

Nil significant

Female - part of highly organised syndicate – very significant role – organised own distribution and sales network – financial gain – known to have supplied 615.3g heroin and 224g methylamphetamine – admitted selling more

AYIK

(34)

NSWCCA [119]

22.5.2013

 

Knowingly concerned in supply

 

Sched:

GIC

28.75kg

 

PG

(25%)

 

9y

NPP 5y 6m

AD

Nil

Stored drugs at premises for three days – relatively limited role

Loh

NSWCCA [339]

12.12.2013

 

Supply

 

Sched:

Proceeds of crime

13.999kg

 

PG

(12.5%)

 

14y

NPP (not stated)

AD

Nil

Came to Australia to be involved in delivering drugs as instructed – financial gain

Married with three young children – remorse – good prospects of rehabilitation

Tan

(21)

[2014] NSWCCA 96

Supply

13.999kg

VG

15y 3m 18d

NPP 10y

AD

Nil

SNPP 15 years

Malaysian – delivered drugs in suitcase to co-offender – more than courier – mid-range offence

Married with two children in Malaysia

Vo

[2014] NSWCCA 146

Supply large comm

 

Supply comm

 

Proceeds of crime

 

Sched:
2 x possess

1.9kg

 

754g

PG (14%)

12y

NPP 8y

 

(concurrent sentences)

AD

SNPP 15 years 1.9kg heroin supplied over four months and over 71 occasions – 754g heroin found in three separate locations – deemed supply – found in possession of $217,109 – involved in supplying to two persons who supplied to users and street