Legal Research > Sentencing Tables

Drugs - Heroin - Supply 50-250 grams

 

 

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(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug
  • s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15 years (less than commercial quantity)
  • Commercial quantity - 250g
Case Offence Amount Plea Sentence Appeal Record Facts

Kelly
NSW CCA 11.6.1992

3 x Supply
1 x Knowingly take part in supply

5g
56g
5g

VG

MT 5y
AT 20m

AD

 

Female - Principal. 3 actual supplies. Knowingly took part over one month. Female. Charges part of large scale operation.

Dimovski
(37)
NSW CCA 3.8.1992

3 x Supply

14.4g
67.43g

PG

MT 2y
AT 18m
(concur with existing sentence)

Crown AA
MT 3y
AT 1y

Third offence committed on bail and serving PD

Nov 1989 and Mch 1991. Exceptional hardship on third party. Part of commercial operation.

Edwards
(44)
NSW CCA 14.8.1992

Supply

60g

PG

MT 7y
AT 2y

AA
MT 4y
AT 1y 4m

long history of drug offences

Supply over nine months. Drug addict. Police found 0.1g in house. Admitted purchasing drugs, keeping some and selling to support habit. Judge decided 60g involved. Serious efforts made at rehabilitation. Heroin addict for 20 years

Attalah
(39)
NSW CCA 16.2.1993

2 x Supply

$50 deals
225.6g

VG

MT 4y
AT 1y 4m
(+ 1y 3m PSC)

AD

Priors for drugs (234g heroin)

Supplied $50 deals to female on 4 occasions – Observed purchasing heroin for $40,000 for purpose of re-sale. Discount for assistance 1/6.

Sarca
(32)
NSW CCA 11.5.1993


 

Horvat
NSW CCA
9.3.1994

Supply




Accessory to supply

222g




222g

PG




VG

MT 3y 6m
AT 12m
(+ 4 1/2m PSC)

MT 3y
AT 12m

AD




AD

nil drugs, primarily driving


significant

Actual supply to undercover police officer.
AS – facilitator – negotiated and handed over drugs – ill wife – good subjective features
DH – involved to significant extent

Higgins
(40)
NSW CCA 15.12.1993

3x Supply

.35g
11.9g
224g

VG

MT 6y 3m
AT 2y 1m
(+3 1/2m PSC)

AA
MT 4y
AT 15m

Lengthy

2 actual supplies - third supply was agreement to supply only.

Davis
NSW CCA 3.2.1994

2 x Supply

114g
Small amounts

VG

MT 3y 9m
AT 1y 3m

Conviction AD

 

Supplied to undercover police. Small amounts found at house.

Grace
(31)
NSW CCA 22.2.1994

2 x Supply

12.4g
138.6g

PG

MT 4y
AT 1y

AD

no drugs but bond for BES

Supplied on two occasions to undercover police officer

Rahme
NSW CCA
2.3.1994

5 x Supply

4.5 oz (127.35g)
3 oz
(84.9g)

PG

MT 2y 6m
AT 10m

AD

 

Agreed to supply 4oz to undercover police officer – additional ½ oz to be supplied - taped phone calls agreeing to supply three separate amounts (totalling 3oz).

Bulejick
NSW CCA
21.7.1994

Supply

82.66g

VG

MT 3y
AT 3y

Conviction AD

 

Supply to undercover police officer – Scales and .85g found in home

Dibella
NSW CCA
24.8.1994

3 x Supply

4.35g
8.2g
111.4g

PG

MT 2y
AT 8m

AA
MT 15m
AT 9m

minor

Actual supplies to police officer. Third supply was an agreement to supply but withdrew.
On appeal Crown could not prove BRD that A had not withdrawn from third supply.

Hamzy
NSW CCA
5.10.1994

2 x Supply

131.7g
9.6g (morphine)

VG

MT 4y
AT 16m

AD

 

Drugs and $42,800 cash found in search of house

Gerassimou
NSW CCA
14.10.1994

Supply

Sched:
Supply

2oz (56g)

PG

MT 4y
AT 1y 4m

AA
exceptional circumstances
MT 3y
AT 12m

extensive

Arranged sale of H to police
Delay

Karam
(1995) 83 A Crim R 416

Supply
Knowingly take part in supply

28.2g
211g

VG

MT 5y
AT 3y

AD

dishonesty and violence

Co-offender arranged for sale of drugs to police officer on separate occasions - K regarded as source of drugs.

WHS
NSW CCA
27.3.1995

Supply

Sched:
Deemed supply 9.54g

168.19g

PG on SI

2y PD

Crown AA
MT 18m
AT 12m

Long record including drugs. On bail for supply

Supply to undercover police officer. Major assistance causing major danger.

Jocic
NSW CCA 28.4.1995

Supply

Sched:
Attempt supply 13.9g

109.3g

PG

MT 3y 5m
AT 14m

AD

 

Supply and attempt supply to undercover police officer
On appeal: “This court has been at pains to point out that there is no tariff based upon amounts, albeit amount is a question to be taken into account in determining sentence.” pp.7-8

Richards
(33)
NSW CCA
27.11.1995

Supply
3 x Supply

2oz (56.6g)
5g
4.9g
13.9g

VG
PG

MT 7y 10.5m
AT 2y

AD

Including drugs. Later charges committed on bail for first offence.

Dealing with undercover police officer. Principal of well organised operation.

Lam
NSW CCA 21.2.1996

3 x Supply

29.4g
78.3g
2.5 oz

PG

12m PD
3y Bond

Crown AA
FT 10m
(takes into account 2m PSC and PD already done)

Nil

Actual supply to undercover police and agreement to supply. Mitigating subjective features including health problems.

Mlacic
(32)
NSW CCA
25.5.1998

Knowingly take part in supply

Sched:
3 offences

40-75g

PG

MT 3y
AT 1y

AD

not serious

During one month 230 phone conversation intercepted regarding drugs. Amounts small. Relatively sophisticated operation involving three people.
Heroin addict.

Duff
NSW CCA
17.9.1998

Supply

57.37g

VG

MT 18m
AT 18m

AD

 

Observed by police and drugs with $17,380 found in car.
Fresh evidence of assistance no effect on lenient sentence.

Yin
NSW CCA
30.11.1998

Supply

196.9g

PG

MT 4y
AT 2y

AD

 

Supply to undercover police officer. Above a street dealer but not at the top – distributor.
Family breakdown led to heroin addiction. Motivation was personal use.

Smith
(46)
NSW CCA
9.12.1998

Supply

1.05g
141g

PG

MT 3m
AT 9m

Crown AD
manifestly inadequate but discretion applied

priors for supply - on bail for supply

Female - Supply of heroin over a period of time with boyfriend. Actual supply of 1.05g - 141g found at house.
Delay in sentencing of five years. During that time good rehabilitation. Addicted at time of offence - now on methadone.

Ahmandi
NSW CCA [161]
23.6.1999

Supply

180g

VG

MT 2y 8m
AT 2y
(+4m PSC)

AD

nil

Sold heroin with co-offender to undercover police officers.

Tulloh
(42)

Supply
Knowingly take part in supply

Sched:
4 offences

60-90g
Half oz

PG

MT 2y 9m
AT 11m

AD
sentences are wholly inadequate

Extensive record

Heroin addicts followed practice of ordering heroin over phone, driving to Sydney to collect heroin and selling from home in Goulburn. Made approx 10 sales a day over one month.
Second offence involved arrangements to purchase half an ounce on behalf of another person

Tran
(37)
NSW CCA [409]
4.10.2000

Supply

147.7g

PG

MT 5y
AT 2y

AD

prior convictions for drug dealing

Found in possession of $80,000 - Heroin, $109,000 and items associated with distribution found in house.
Family background, effect of work injury, rehabilitation.

Diep
(21)
NSW CCA [472]
22.11.2000

2 x Supply

Sched:
2 offences

56g
28g

PG

MT 3y
AT 2y

AA
3y
NPP 18m

nil priors - on bail for affray

Arranged for supply of heroin to undercover police officer on 2 occasions
Concurrent to sentence for affray
Parity.

Rotariu
(56)
NSW CCA [546]
6.12.2000

Supply

Sched:
GIC

50.1

PG

MT 4y
AT 1y 4m

AD

previous drug convictions

Found in possession of heroin and $3,275 – Admitted supplying heroin on previous occasions to raise money to send to family in Romania.

Van-Oostveen
(48)
NSW CCA [288]
2.8.2001

Supply

74.9g

PG

5y
NPP 2y 6m

AA
4y
NPP 2y

prior convictions relating to drug addiction

Female - Found by police in possession of heroin. Claimed primarily for own use but agreed would supply to brother and possibly friends - Judge erred in finding drug entirely for supply.
Long term heroin addict - mother to two young daughters.

Scott
(44)
NSW CCA [418]
15.10.2001

Supply

Sched:
3 traffic off

unstated

PG

4y 9m
NPP 3y 6m

AA
4y 9m
NPP 2y 8m

significant - related to drug addiction

Charge originally involved commercial quantity of heroin.
Delay of 10 years due to successful conviction appeal.

Hoang
NSW CCA [485]
30.11.2001

Supply

54.8g

VG

5y
NPP 2y 6m

AD

 

Found in possession of heroin at scene of car accident - involved for financial gain - not an addict

Van
NSW CCA [148]
3.5.2002

2 x Supply

Sched:
GIC

111g
164.9g

PG

6y 3m
NPP 3y

AD

prior convictions including AR - Breached parole and bond

Assisted in supply of 111g by co-offender to undercover police officer - Found in possession of 164.9g in house

Vu
(42)
NSW CCA [316]
31.10.2003

2 x Supply

0.37g
84g

PG

4y 6m
NPP 3y 6m

AA
4y
NPP 2y 6m

Nil

Supplied to undercover police officer
Ill health – Good prospects of rehabilitation

Boicuic
(42)
NSW CCA [146]
12.5.2004

2 x Supply

Sched:
3 x GIC

0.13g
27.4g
0.45g
3.21g
23.9g

PG

4y 6m
NPP 2y 9m

AA
4y
NPP 2y

Record for supply

Found in possession of drugs on person and in house
Failure to give discount for guilty plea – Traumatic experience in gaol finding cellmate hanged

Lilley (52)
NSW CCA [424]
20.12.2004

Supply

Sched:
2 offences

Approx 200g

PG

2y 6m
NPP 1y 9m

Crown AA
6y
NPP 3y 9m

Lengthy, inc BES, supply etc

Found in possession of seven 1oz bags of approx 40% purity – selling to support habit
Heroin addict – had recently resumed habit – remorse

Gip



Ly
(2006) 161 A Crim R 173

Supply



Supply

51g

PG

2y
NPP 1y
suspended

2y
NPP 15m

Crown AD

On bond for driving offence

Husband and wife – facts of offence not provided.
SJ took into consideration hardship to young children.

Truong
(28)
NSW CCA [318]
6.10.2006

Supply

55.9g

PG

2y 6m
NPP 1y 10m

AD

Record including custody

Involved in supply – carried drugs for friend
Vietnamese

Nguyen
(57)
NSW CCA [367]
24.11.2006

Supply

96.9g

PG

2y
NPP 12m

Crown AD

Priors for drug offences – breached bond

Female carried drugs internally from Melbourne to Sydney – Courier
Personal hardships – Vietnamese – gambling addiction – remorse – good prospects of rehabilitation - assistance

Phillips
(34)
NSW CCA [211]
13.7.2007

Supply

Sched:
Driving under influence of drug; Possess drugs

84.61g

VG

5y
NPP 3y 9m

AD

Lengthy. On conditional liberty.

Drugs found by police in bag in appellant’s vehicle – street value $60k – Appellant (driver) and passenger both under influence of drugs.

Dieguez
[30]
NSW CCA [147]
7.4.2008

Supply

69.2g

VG

6y 6m
NPP 4y

AD

On bail. First custodial sentence.

Drugs found in bag on appellant’s lap whilst sitting in vehicle – seated with another male who was injecting drugs.
Court accepted appellant had not engaged in supply on more than one occasion, but was substantially involved in the act of supply on this occasion.

Ha
NSW CCA [141]
24.6.2008

2 x Supply

27.1g
Qty of second charge not known

PG

7y 6m
NPP 4y 6m

AD

Nil

Police surveillance - sold heroin to D who was arrested leaving A’s premises – police search of A ‘s premises found drug paraphernalia and large sums of money – part of commercial operation.

Melikian
(46)
NSW CCA [156]
10.7.2008

Supply

27.2g

PG

5y
NPP 3y 9m

AA
4y 6m
NPP 3y

Drug offences. On parole.

Police surveillance – Arranged for purchase of drugs by third person – Acted as facilitator / conduit – Street value between $6900 - $12k.
Appeal allowed on parity ground.

Yang

NSWCCA [49]

28.3.2012
Supply

 

Sched:

Proceeds of crime

2 x supply
135.1g PG 2y NPP 2y AD

Chinese female involved in supply of drugs to support habit and under pressure from mother to provide money – observed dealing – found in possession at home of heroin, 12.64g ketamine, 3.81g methylamphetamine and $14,820 Drug user – difficult childhood – mental and physical health issues