Legal Research > Sentencing Tables

Drugs - MDMA (Ecstasy) - Import 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.

 

Customs Act 1901 (Cth)
s.233B(1) - import prohibited drug
s.235(2)(c) - maximum penalty - life
Commercial quantity – 500g
(repealed 6.12.2005)

Criminal Code (Cth)
s.307.1 – import commercial quantity
s.307.5 – possess commercial quantity unlawful import
s.307.8 – possess commercial quantity reasonably suspected unlawful import
Maximum penalty – life
Commercial quantity – 500g

Case Offence Amount Plea Record Result Appeal Facts

Bowers


(1997) 97 A Crim R 461

Import

7,000 tablets

PG

nil

8y 6m
NPP 4y 6m

AD
Errors made but sentence appropriate

Drugs strapped to waist. Needed the money.

Carey
(26)


(1997) 97 A Crim R 552
(Vic CA)

Import

2kg (pure)

PG

insignificant

8y
NPP 5y 6m

AA
6y
NPP 3y 6m

English national carried drugs in suitcase. At home living in near poverty and tempted by offer of financial reward. Courier.
Assistance to police.

Soonius


NSW CCA
29.5.1998

Import

3.340kg (pure)

VG

 

11y
NPP 6y
(discount for assistance)

AA
9y
NPP 5y 3m

Hidden in suitcase. Sentenced as courier.
Suffering psychiatric condition at time of offence - vulnerable.

Budiman


(1999) 102 A Crim R 411

Knowingly concerned in importation

591.6g (pure)

VG

nil

8y 3m
NPP 6y 3m

AD

Tablets found in speakers imported to A. Controlled delivery to A at hotel. Courier from Indonesia.

Slatinec


NSW CCA [2]
16.2.1999

Knowingly concerned in import
Supply large commercial qty

1214g

PG

 

9y
NPP 6y
(4y 6m concurrent)

AA
8y
NPP 5y

(reduced from
13y
NPP 9y
For assistance)

Involved in importation of MBDB – not at lower end of involvement – above courier

Behar


NSW CCA
14.10.1998

Import

1.231kg (pure)

PG

nil

6y
NPP 18m
(assistance)

Crown AA
6y
NPP 2y 6m

Courier with exceptional background. Became involved with drugs through the Orange People. Now disavowed involvement with the sect.
50% discount for assistance.

Power


NSW CCA [25]
5.3.1999

Possess prohibited import

1056.5g MDMA (pure)

PG

 

9y
NPP 5y 6m

AD

Arranged to pick up delivery of suitcases containing MDMA from co-offender who had brought suitcases from Holland. Co-offender arrested and agreed to controlled delivery
Held on appeal that SJ did not err in finding A was more than a mere courier and was middleman. No justifiable sense of grievance re sentence of co-offender

Camus


NSW CCA [425]
15.12.1999

Possess prohibited import

736.5g (pure)

PG

 

8y
NPP 5y

Crown AA
10y
NPP 6y

Recruited by man in Bali to find customers for tablets. Picked up tablets from Melbourne and sought to sell drugs in Sydney. Management level. Supplied some drugs to dealers before arrested. Motivated by greed - to earn $40,000. Objective criminality high.

Rocco


NSW CCA [124]
6.3.2001

Knowingly concerned in importation

4.027kg (pure)

VG

 

13y
NPP 9y

AD

Involved in importing drug in water pump consignment – Male.
South African.
No disparity with co-offender who pleaded guilty.

Tan
(41)


NSW CCA [219] 28.5.2001

Import

736g (pure)

PG

nil

7y
NPP 4y 6m

AD

Mere courier found with tablets taped to body.
Isolation in custody - custody of two teenage children - needed money for ill mother.

Tan


NSW CCA [438]
24.10.2001

Possess prohibited import

6.15kg (pure)

PG

nil

15y
NPP 9y
(JIRS summary)

AD

Arrested following AFP investigation of Singapore/Chinese syndicate. Suitcase containing drugs found during search of A’s premises. Financial motive. Married, one child.

Guiu


(2002) 129 A Crim R 387

Attempt obtain possession

10,000 tablets

PG

nil

8y
NPP 5y 3m

AA
6y
NPP 3y 9m

Arrested after arriving to collect suitcase of ‘drugs’ at hotel under police surveillance. Two co-offenders including husband for whom drugs were collected.
SJ erred in assessment of role of applicant as more culpable than merely collecting drugs. Necessity for sentence to relate to offence charged, and for evidence to support more culpable role.

Tyler
(30)


NSW CCA [272]
7.6.2002

Import

Sched:
Passport offence

947.6g (pure)

PG

minor

7y 6m
NPP 4y 6m

AA
6y
NPP 3y 3m

Female - Imported tablets in luggage.
Good prospects of rehabilitation

Woolery


NSW CCA [299]
18.7.2002

Import

1570.2g (30% pure)

PG

 

7y 6m
NPP 4y 6m

AD

Imported powder strapped to back
Assistance to authorities

Lim


Yeung


NSW CCA [293]
30.7.2002

Possess prohibited import

46,000 tablets

VG

VG

 

9y
NPP 5y 4m

9y
NPP 5y 4m

Conviction AD


Conviction AD
Sentence AD

Found in possession of $40,000 – drugs found in premises appellant’s travelling to.

Togias
(21)


NSW CCA [363]
30.8.2002

Import

967.5g (pure)

PG

nil

5y GBB

Crown AD

Female - Imported drugs from Bali - Courier - Subsequent to offence gave birth to daughter - Evidence suggested delay in assessment of respondent for mother/daughter facilities in gaol - Separation could cause psychological harm to child - Originally given recognisance and sent back by CCA for re-sentence

Niketic


NSW CCA [425]
2.10.2002

Import

1.19kg (pure)

PG

 

7y 6m
NPP 4y 6m

AD

Imported tablets from Bali for $10,000.

Schofield


NSW CCA [3]
6.2.2003

Attempt obtain possession

Sched:
Att obtain poss methylamphet (ice)
Att obtain poss amphet

2.0979kg (pure)

60.2g
74.8g

PG

on parole for mal wound

2y 6m
NPP 18m

Crown AA
5y
NPP 3y

Driver for associates picking up drugs secreted in automotive transmission
Discount for assistance
Includes table and summary of similar cases.

De Groot Van Embden
(38)


NSW CCA [156]
16.6.2003

Attempt obtain possess

16.5kg (pure)

PG

Not stated

12y
NPP 8y

AA
12y
NPP 7y

Principal Australian organiser of Dutch syndicate arranging importation of drugs into Australia – To pick up and arrange sale of drugs
Dutch citizen – Father of four – Significant assistance to authorities – Family in witness protection – Protection and isolation in gaol – Anxiety for family

Simon
(37)


NSW CCA [147]
23.6.2003

Import

921.4g (pure)

PG

Nil

6y
NPP 3y 6m

AA
4y 6m
NPP 2y 6m

Courier – Imported drugs in body bags – Carefully planned – Expected financial reward
American – Financial difficulties – Out of character – Health problems – Evidence of rehabilitation – Insufficient discount for guilty plea

Shepherd
(44)


NSW CCA [287]
16.10.2003

Co-Offender:
PRASAD
SHEPHERD

Knowingly concerned in import

34.401kg

PG

Nil relevant

14y
NPP 9y

AA
11y 6m
NPP 7y 4m
(assistance)

Tablets hidden in freezer panels in packing crates on shipping container imported from Holland – Assisted by arranging importation documents and delivery to warehouse
Assistance

Balogun
NSW CCA [72]


26.3.2004

Attempt obtain possession prohibited import

1.323kg (pure)

VG

Not stated

8y
NPP 5y

AD

Internal courier – picking up package containing drugs

El Hani


NSW CCA [162]
215.2004

Co-Offender:
PRASAD
SHEPHERD

Knowingly concerned in importation

34.401kg (pure)

PG

Not stated

15y
NPP 10y

AD

Involved in importation of tablets in plastic pipes – Senior person playing important managerial role
Some assistance

Prasad


NSW CCA [293]
1.9.2004

Co-Offender:
EL HANI
SHEPHERD

Knowingly concerned import

34.401kg (pure)

PG

 

14y
NPP 8y 8m

Crown AD
(exercise of discretion)

Drugs imported in freezer equipment – Active and important role arranging clearing and collection of drugs – Involved because of financial equipment

Neale
(57)


NSW CCA [311]
10.9.2004

Knowingly concerned in import

52.33kg (pure)

VG

Dishonesty offences only

Life
NPP 21y

AA
Life
NPP 15y

Drugs imported in cases of wine bottles
Non-parole period reduced only because of age of applicant


 


POST REPEAL s.16G

 

Case Offence Amount Plea Record Sentence Appeal Facts

Studenikin
(25)


NSW CCA [164]
21.5.2004

Import
Make false statement re entry into Australia

3.7286kg (pure)

PG

Fraud offence in Russia

12y
NPP 7y

AA
10y 6m
NPP 7y

Drugs found in suitcase – Commercial gain
Reasonable prospects of rehabilitation - Isolation
Sentenced after repeal of s.16G

Kevenaar
(23)

Dedoes
(22)

Pan
(22)

NSW CCA [210]
28.6.2004

Attempt posses

5.9877kg (pure)

PG



PG


PG

Minor



Minor

3y
NPP 21.5m


4y
NPP 28.5m

6y 6m
NPP 43.5m

Crown AA
7y
NPP 4y 6m

7y 9m
NPP 5y

11y
NPP 7y

Dutch nationals sent to Australia to collect drugs – Less than middlemen – JP more involved than other two offenders
Some contrition and mitigating circumstances in background - Assistance

J (59; 62 at sentence)


H (52; 55 at sentence)

[2005] NSWCCA 1
11.5.2005

Attempt possess

16.5 kg (pure)

PG



VPG

Numerous, inc 15y for heroin importation

7y, NPP 4y for heroin importation

J: 7y 6m
NPP 4y


H: 7y
NPP 3y 9m

J: Crown AA
9y 6m
NPP 5y 9m

H: Crown AA
9y
NPP 5y 3m

J and H attempted to pick up consignment of ecstasy with street value of $9M – had been intercepted by AFP and replaced with a controlled delivery sample – subordinate to co-offenders, X and Y; X had pleaded guilty and Y had since died. J recruited by Y 2 days prior to arrest – H only learnt that drugs involved on day of offence – part of large Dutch syndicate – PG on morning of trial – assistance to authorities – sentences manifestly inadequate.
J: reformed since release – health problems – PTSD
H: remorse – depression

Sukkar


NSW CCA [54]
16.3.2005

Knowingly concerned

34.401 kg (pure)
$7-12 M

VG

 

14y
NPP 9y

Conviction AD
Crown AD
Sentence AD

Controlled delivery of ecstasy imported from Belgium – telephone intercepts – brother involved as principal–– acting in pre-concert – a number of co-offenders already sentenced
Practising solicitor – good character

Millerat
(25)


NSW CCA [142]
18.4.2005

Import

2.0259kg (pure)

PG

Nil

5y 6m
NPP 2y 9m

Crown AA
9y
NPP 4y 6m

French woman paid to bring in drugs from Holland – drug addict suffering severe depression

C.A.S.
(31)


NSW CCA [192]
18.5.2005

Aid and Abet importation

136.913kg (pure)

PG

Nil

8y
NPP 5y

AD

Company customs clerk arranged customs clearance for drugs imported in freezers – Provided advice – Junior but important role
Element of duress – No financial gain – High order assistance

Moore
(50)


NSW CCA [212]
17.6.2005

Possess prohibited import

92.442kg (pure)

PG

 

20y
NPP 15y

AD

Part of agreement to take possession of 980,000 tablets – leased premises and took delivery of drugs – senior and trusted member
Limited assistance

Nguyen








Pham






Vu










To

(2005) 157 A Crim R 80

Knowingly concerned in import traff.qty heroin
Knowingly concerned in import comm. ecstasy

Knowingly concerned in import traff.qty heroin
Import comm. ecstasy

Knowingly concerned in import traff. heroin
Knowingly concerned in import traff methylamphet
Convey comm. ecstasy

Possess commercial qty ecstasy

50.702kg ecstasy (pure)

477.8g heroin (pure)

38.1g heroin (pure)

10.4g methylamphet (pure)

PG








PG






PG










PG

No priors








No priors

















Prior drug conviction

25y
NPP 18y







Life
NPP 25y





12y
NPP 8y









Life
NPP 20y

AA
22y
NPP 16y 6m





AA
28y
NPP 18y



AA
9y
NPP 6y 3m






AA
22y
NPP 16y

All involved in importation of 50.702kg ecstasy secreted in tiles
N and P involved in importation of 477.8g pure heroin in liquor bottle
V involved in importation of 38.1g heroin and 10.4g pure methylamphetamines in letters

N – female – High level involvement – Experienced drug trafficker
P – Male – Principal
V – Male – Local courier – Lowest level of culpability
T – Male

Minniti


(2006) 159 A Crim R 394

Attempt possess prohibited import

20kg (pure)

VG

Nil

12y
NPP 8y

AD

Ecstasy imported from Belgium in machinery - Minor but willing assistance – no financial reward
Good character

J. Sukkar
(44)


NSW CCA [92]
30.3.2006

Co-accused:
PRASAD
SHEPHERD
EL HANI
L. SUKKAR
S. SUKKAR

Knowingly concerned in import

34.4g (pure)

PG

Prior convictions for importing hashish oil

13y 3m
NPP 8y 6m

Crown AD
20y
NPP 12y

Drugs imported in freezer equipment – Principal
Assistance in relation to Netherlands associates – Delay

Z


NSW CCA [342]
26.10.2006

Money laundering offence
Possess commercial quantity

Sched:
GIC

16.86kg (pure)

PG

 

FT 2y
5y 2m
NPP 2y 7m
(concurrent)

Crown AA
Drugs:
8y
NPP 4y

Total:
9y
NPP 5y

Israeli national arrived in Australia to arrange laundering of $2m – took delivery of drugs and delivered to others
Assistance to authorities – suffering serious mental illnesses – protective custody - isolation

Choi


NSW CCA [150]
1.6.2007

Co-accused:
PRASAD
SHEPHERD
EL HANI
L. SUKKAR
S. SUKKAR
J.SUKKAR

Knowingly concerned in importation

34.4kg (pure)

VG

 

20y
NPP 13y

AD

Drugs imported in freezer equipment – Arranged importation – senior to S.Sukkar, Prasad , Shepherd and El Hani – sub-ordinate to L and J Sukkar
Granted s.16G discount

Mauceri


NSW CCA [262]
4.9.2007

Conspiracy import

56.5kg

PG

Nil

8y
NPP 5y

AD

Drugs imported in container of furniture – significant role in importation arrangements – motivated by financial hardship.
Assistance to authorities.

Cesan


Mas Rivadavia

NSW CCA [273]
5.9.2007

Conspiracy to import

See facts

VG

VG

 

13y 6m
NPP 9y

11y
(partially cumulative to sentence for import heroin)
Total:
15y
NPP 10y

AD


AD

Involved in importing drugs from Europe – 6 parcels sent – first three contained no drugs – 4-5 not recovered – 6 contained 642.5g pure ecstasy
MR - FedEx employee – lesser offender – sentenced for related heroin offence (see NSW CCA [284] 18.8.2004)

Alchikh


NSW CCA [345]
14.12.2007

Conspiracy import

31.95kg
(10.44kg pure)

PG

 

12y
NPP 7y 3m

AD

Drugs hidden in refrigerators in consignment from UK – 164, 462 tablets – retail value $11.4 million – Managerial role.

Zeng


NSW CCA [183]
6.8.2008

Attempt possession

74kg (pure)

VG

Nil

10y
NPP 6y

Crown AA in part - correction pre-sentence custody only
10y
NPP 6y

Drugs detected by custom officers in boxes – 1.29 million tablets – street value between $38-$77 million – police substituted harmless tablets - Boxes eventually collected by cooffenders and stored at respondent’s residence – Respondent and cooffenders commenced process of extracting drugs from packages when arrested – Respondent only aware of drugs once extraction process had started.

NP


NSW CCA [205]
24.9.2008

Co-offender:
C.A.S.

Conspiracy import

136.913kg (pure)

PG

Nil

11y
NPP 7y

AD

Part of conspiracy to import drugs concealed in freezer units imported from Malaysia – middleman facilitating contact between members in Sydney
Out of character – evidence against co-offender – psychological problems – troubled family history

Keung


Bow


Liu

NSW CCA [193]
21.8.2008

Conspiracy to import

234.9kg (pure)

VG

 

Life
NPP 18y

24y
NPP 16y

21y
NPP 14y

Conviction AD

Drugs imported from Netherlands concealed in pastry

El Jalkh

NSW CCA [236]

12.10.2011

Conspiracy to import

4.3721kg (pure)

PG

Nil

10y NPP 5y 3m

AD

Involved in conspiracy to import drugs from Europe and Middle East through shoe importer – flew overseas to make further arrangements – drugs obtained by co-offender seized in Italy – a principal but not the driving force Medical condition

King

NSW CCA [185]

27.8.2012

Conspiracy to import

165,000 tablets (32kg)

PG

Lengthy. UK conviction for conspiracy supply drugs

16y NPP 10y

AD

UK syndicate – drugs imported inside refrigerators – key organiser or very senior member. Arrested in 2003 – delay due to A contesting extradition proceedings

Balloey

(51)

[2014] NSWCCA 165

​Attempt Possess​87.44kg (pure)​PG
(15%)
​Record – no drugs24y

NPP 16y

AA

19y

NPP 13y

Part of drug distribution group who came to Australia to distribute drugs – drugs imported in agricultural machinery – appellant provided machinery and supervised loading – unpacked drugs in Australia – 10% reduction for element of coercion

Belgian national – isolation from family

 

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CRIMINAL CODE

Case Offence Amount Plea Record Sentence Appeal Facts

Zeng


NSW CCA [183]
6.8.2008

Attempt possess

74kg (pure)

VG

Nil

10y
NPP 6y

Crown AA
To correct commencement date – same effective sentence imposed

Drugs detected by custom officers in boxes – 1.29 million tablets – street value between $38-$77 million – police substituted harmless tablets - Boxes eventually collected by co offenders and stored at respondent’s residence – Respondent and co offenders commenced process of extracting drugs from packages when arrested – Respondent only aware of drugs once extraction process had started.

Rosenfeld

NSW CCA [74]

27.3.2009

Import

90kg

VG

 

21y

NPP 13y

Conviction AD

Drugs imported concealed in solar hot water tanks – collected tanks in Israel and delivered them for importation – controlled delivery - arranged for delivery of goods to storage unit and attempted to extract drugs

Cheun


NSW CCA [116]
17.4.2009

Attempt possess

257,000 tablets

PG

 

17y 6m
NPP 11y

AD

Tablets concealed in ink/toner cartridges – middle manager – discount for assistance

McCraw

 

NSW CCA [162] 18.7.2011

Co-offender: Alpha

[2013] NSW CCA 292

 

Conspiracy to import

30.82kg (pure)

VG

Nil relevant

17y

NPP 11y

AD

Drugs imported into Australia on ship from Belgium – used position as dock worker to access and unload drugs from ship – significant and crucial role

Alpha

 

NSWCCA [292]

28.11.2013

 

 

 

 

 

Co-offender:
McCraw

[2011] NSW CCA 162

Conspiracy to import

4 x other offences firearms)

30.82kg (pure)

VG

 

 

15y 6m

NPP 10y 4m

AD

Drugs imported into Australia on ship from Belgium – sophisticated international scheme involving many persons in many countries and drugs of a significant quantity and value - required much careful planning and financial outlay – Not a major player but at the top of the hierarchy of the known criminal co-conspirators - important, key, high level organisational person


 

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DISTRICT COURT CASES

Case Offence Amount Plea Record Sentence Appeal Facts

Drury
(55)


NSWDC [47]
Finnane QC DCJ
3.6.2006

2 x Attempt possess
Att possess methylamphet

398.66kg (pure)
987g (pure)
237g (pure)

PG

Professional criminal involved in drugs most of his life

18y
NPP 11y

 

Australian organiser of importation of drugs from Holland – drugs imported in large industrial stove
Promised assistance