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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 - Supply Large Commercial Quantity

 

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

Name

(age)

OffenceAmountPleaSentenceAppealRecordFacts

Chan

(43)

[1999] NSWCCA 103

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)

[1999] NSWCCA 152

Supply large comm quantity3.36kgVG

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)

[1999] NSWCCA 330

Supply large comm quantity63kgVGLife

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

ADnil significant

Involved in supply of heroin to undercover police officer - middle man.

Motivated by greed.  Assistance to authorities.

Wan

(female)

 

 

Phan

(male)

 

[2001] NSWCCA 501

2 x Supply "large quantity" heroin

 

Supply "large quantity" heroin

350.4g

1.4kg

 

 

1.4kg

PG

(25% on appeal)

 

PG

(25% on appeal)

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)

[2002] NSWCCA 232

 

Co-offender:

PHAM

Knowingly take part in supply2,103.5g  (893g pure)VG

9y 6m

NPP 5y 4m

ADnil

Significant role in well-organised operation - Isolated incident

Female - Difficult background in Vietnam - Isolated in gaol - Powerful mitigating case

Cheng

(26)

[2002] NSWCCA 225

Conspiracy to supply2kg  (73.6% pure)VG

14y

NPP 8y

AA

12y

NPP 7y

nil

Upper middle management

Female - Malaysian - High prospects of rehabilitation

Ho

(22)

(2002) 133 A Crim R 340

Knowingly take part in supply4.05kg

PG

(50% plea and assist)

5y

NPP 3y 6m

ADnil

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)

(2002) 133 A Crim R 490

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)

(2002) 138 A Crim R 538

 

Co-offenders:
EG
LAALAA

Supply

 

Sched:

Supply comm qty cocaine

Approx 2kg

PG

(20% on appeal)

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)

[2003] NSWCCA 197

Supply

 

Sched:

GIC

1.4kgVG

12y

NPP 9y

ADAid & abet supply heroinPolice 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

[2003] NSWCCA 246

 

Co-offender:
LAALAA

PANAGAKOS

Supply

 

Sched:

Supply comm. qty cocaine

4kg

PG

(22.5%)

11y 3m

NPP 8y 6m

AD 

Managerial level  - Supplies over 4 months – Supplied drugs to suppliers and supervised

Remorse – Assistance to authorities

Do

(25)

[2005] NSWCCA 209

Supply cocaine and heroin

1.5kg C

6kg H

VG

12y

NPP 9y

ADNil

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)

[2005] NSWCCA 277

Supply heroin

Supply cocaine

Over 3kg heroin

Over 8kg cocaine

VGLife sentence

24y

NPP 18y

Drug offencesConducted unlicenced brothel – supplied prostitutes with small amount of heroin and cocaine over long period of time – commercial supply

Lo

(2005) 159 A Crim R 71

 

Co-Accused:

LAM

Supply

Supply comm. qty

1.4066kg

834.9g

PG

(25%)

Total:

11y

NPP 9y

AA

Total:

11y

NPP 7y

Nil

SNPP 15 years

Involved in delivering and collecting two drug packages – low level involvement

Co-offender – Tran [2006] NSW CCA 266, 30.8.2006 (supply comm. qty)

Liu

(29)

[2005] NSWCCA 450

Knowingly take part in supply2.1kg

PG

(25%)

8y

NPP 5y

ADCriminal record for supply

SNPP 15 years

Assisted main offender in collection and return of drugs – involved to pay off drug debt

Good prospects of rehabilitation

Lam

(41)

[2006] NSWCCA 11

 

Co-accused:
LO

Supply

Supply comm qty

1.4067kg

834.7g

PG

17y 6m

NPP 12y 6m

AA

14y

NPP 10y

 

SNPP 15 years

Vietnamese man came to Australia to commit offences – organiser

Parity

Co-offender – Tran [2006] NSW CCA 266, 30.8.2006 (supply comm. qty)

Vu

(27)

[2006] NSWCCA 188

Offer to supply

Supply comm. qty

 

Sched:

Supply comm. qty

1,575g

729g

792.1g

PG

(25%)

14y

NPP 11y

AA

14y

NPP 9y

Nil

SNPP 15 years

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

[2006] NSWCCA 263

Supply2.032kg

PG

(40% plea and assist)

8y 6m

NPP 5y 6m

ADSupply drugs

SNPP 15 years

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

[2007] NSWCCA 205

Supply1.789kg (1.08kg pure)VG

7y

NPP 5y 3m

AD 

SNPP 15 years

Involved in supply to undercover police officer

Chow

(2007) 172 A Crim R 582

Knowingly take part in supply3.5kgVG

11y

NPP 8y 3m

ADSimilar offence

SNPP 15 years

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

Laalaa

(34)

[2009] NSWCCA 250

 

Co-offender:
EG

PANAGAKOS

Supply

 

Sched:

Supply cocaine

 

PG

(13%)

20y

NPP 15y

ADRob in co, Use firearm, Goods in custody

SNPP 15 years

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)

[2012] NSWCCA 213

Supply H

Supply M

 

Sched:

Supply H

 

PG

(25%)

20y

NPP 15y

AA

18y

NPP 13y 6m

Nil significant

SNPP 15 years

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)

[2013] NSWCCA 119

Knowingly concerned in supply

 

Sched:

GIC

28.75kg

PG

(25%)

9y

NPP 5y 6m

ADNil

SNPP 15 years

Stored drugs at premises for three days – relatively limited role

Loh

[2013] NSWCCA 339

 

Co-offender:

TAN

Supply

 

Sched:

Proceeds of crime

13.999kg

PG

(12.5%)

14y

NPP (not stated)

ADNil

SNPP 15 years

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

Supply13.999kgVG

15y 3m 18d

NPP 10y

ADNil

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 dealers

Zolfonoon

(47)

[2016] NSWCCA 250

Supply lge comm heroin

 

Supply lge comm meth

 

Sched:

3 x possess

3.5kg

 

9kg

PG
(25%)

10y 9m

NPP 4y

Crown AA

15y

NPP 10y

 

SNPP 15 years

Supplied drugs in multiple transactions over nearly 2 years – one of several; middlemen – below mid-range – personal financial gain

Iranian born – good prospects of rehabilitation

 

Prelipceanu

(53)

[2016] NSWCCA 269

Knowingly take part in supply lge comm qty

 

Knowingly take part in supply comm qty

 

Sched:

2 x supply

1049.8g

 

 

 

336.4g

PG

(25%)

Agg 9y 6m

NPP 6y 6m

ADLimited

SNPP 15 years

Assisted co-offender who supplied drugs to police source on large number of occasions – sub-ordinate role but more than runner or courier

Remorse – gambling addiction

 

 

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