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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

 

Drugs - Pseudoephedrine - Import Commercial Quantity

 
s.307.11 Criminal Code (Cth)

Import commercial quantity precursor with intent to use substance to manufacture controlled drug or believing another person will use substance to manufacture controlled drug

Maximum penalty – 25 years

Commercial quantity 1.2kg

Case
(age if known)

OffenceAmountPleaPriorsSentenceAppealFacts

Jalalaty

(48)

[2010] NSWSC 1561

James J

 

Co-offender:

STANDEN

KINCH

Conspiracy to import comm qty300kg

PG

(approx 40% plea and assist))

nil

10y

NPP 6y

 Attempt to import at least 300kg pseudoephedrine from Pakistan in containers of rice – rice delivered to offender's food distribution business - no drugs actually imported – a principal but lesser role than co-offender – naïve and inexperienced – to some extent taken advantage of by co-offenders

Standen

[2011] NSWSC 1422

James J

 

[2015] NSWCCA 211

 

 

Co-offender:

JALALATY

KINCH

Conspiracy to import comm qty

 

Knowingly take part in supply lge comm qty

 

Att pervert course of justice

300kgVGNil

18y

NPP 12y

 

22y

NPP 16y

 

FT 3y 6m

(concurrent)

AD

High ranking police officer became involved in attempt to import at least 300kg pseudoephedrine from Pakistan concealed in rice containers – no drugs actually imported - supply offence involved attempt by co-offender to take possession of drugs presumed to have been imported – principal – used knowledge and experience as police officer to provide advice and make inquiries as to investigations

Onerous custodial conditions – loss of career – youngest child in foster care

Phan

[2013] NSWCCA 49

2 x Import commercial qty

9.365kg (pure)

 

12.4kg (pure)

PGBreached bail for similar offences

12y

NPP 8y

AD

Principal of importation – few facts stated in appeal – amounts taken from Nguyen and Phan [2009] NSWDC 181 at [11]

Gambling problem

Co-offenders all convicted at trial of supply commercial quantity:

Oliveri [2011] NSWCCA 38

Nguyen and Phan [2009] NSWDC 181

Matthews

[2013] NSWCCA 187

Import commercial qty2.47kg (pure)VGBreached parole and CSO – child sex offences

7y 6m

NPP 4y 6m

ADPurchased tablets in Thailand and sought to import them secreted in water heater – organiser / principal

DPP v Suri

(53)

[2014] VSCA 260

Conspiracy import commercial qty100kgVG 

11y

NPP 9y

AA

11y

NPP 8y

Conspiracy to import drugs from India in furniture – when drugs arrived only 397.1g pseudoephedrine – task was to source and oversee export of drug from India

Poor health

Lamella

(25)

[2014] NSWCCA 122

 

Co-offender

VALSAMAKIS

NAPOLI

Conspiracy import commercial qty

 

Corruption offence

 

Sched:

2 x Corrupt public official offences

4.8 - 7.35kg pure

PG

(50% plea and assist)

Self-administer drug

8y

NPP 4y

(concurrent sentence)

Crown AD

Customs officer – involved in ensuring couriers carrying drugs in luggage passed through customs – paid off customs officers – three separate importations

Drug user

ES

(32)

[2014] NSWCCA 268

Aiding and abetting import comm qty

 

Attempt possess pseudoephedrine s.24A(1)(a)

125kg

(pure)

PG

(40% plea and assist)

Nil relevant but admitted involved in drug trafficking

9y 11m

NPP 6y

 

FT 2y 2m

(concurrent)

AD

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by Wilson –principal – importation planned and well organised over period of time

Co-offenders sentenced for supply only:

Wilson [2014] NSWCCA 266

DS [2014] NSWCCA 267

Jihad [2014] NSWCCA 269

Jihad [2014] NSWCCA 270

Spadina

(50)

[2015] NSWSC 933

Blackmore AJ

Conspiracy import commercial qty

210kg

(20% purity)

VGRecord includes precursor offence

10y 6m

NPP 6y 6m

 

Involved with Dutch syndicate conspiring to import 210kg – intended to use pseudoephedrine to manufacture prohibited drug – leader of Australian syndicate – drugs did not arrive in Australia – well organised syndicate – sophisticated planning over 21 months – financial gain

7 year delay – effect on family – strict bail conditions taken into account – metal and physical health issues

Kinch

(57 at sentence)

[2015] NSWSC 63

Hidden J

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

JALALATY

STANDEN

Consp import MDMA

s.233B(1)(cb)

 

Consp import MDMA

ss.233B(1)(b) / 11.5

 

Money Laundering

 

Consp import pseudoephedrine

ss.307.11 / 11.5

At least 200kg

 

 

 

 

 

 

 

 

 

300kg

PG

30%- plea and assist

 

 

 

 

 

 

PG

20% - plea and assist

Record in England – burglary and robbery – no drugs

22y 6m

 

 

 

7y

(partly cumulative)

 

 

 

 

 

14y 6m

NPP 10y

(concurrent)

 

Total:

24y 6m

NPP 16y

 

2001-2003 – two charges part of one conspiracy reflecting change in legislation – involved with Dutch syndicate to import MDMA – drugs imported on several occasions in PVC piping – senior and trusted member – supervisor of others – collected large amounts of money and sent it overseas

2006-2008 – became involved with senior police officer Standen – together conspired to import pseudoephedrine – principal

Old offences – spent 4y 5m in difficult custodial conditions in Thailand – troubled upbringing

Valsamakis

(39)

[2016] NSWCCA 156

 

Co-offender:

NAPOLI

LAMELLA

Conspiracy to import comm qty

 

Bribery

 

2 x Official abusing office to gain advantage

90.1kg

PG

(50% - plea and assist)

Nil

8y

 

Total:

9y

NPP 6y

AD

Customs officer involved in sophisticated and well-co-ordinated scheme to import pseudoephedrine – 5 importations and attempted importations over 6 months – drugs concealed in luggage and removed by customs officers involved – bribery offence related to importations – abuse offences unrelated

Remorse – assistance – surrendered $110,400 proceeds – harsh conditions in custody – father to two children

Napoli

(32)

[2016] NSWCCA 232

 

Co-offender

VALSAMAKIS

LAMELLA

Consp import comm qty87kg

PG

(25%)

Drug offence

9y

NPP 6y

ADConspiracy over 6 months to bring drugs through airport using corrupt customs officers and baggage handlers – drugs brought in on four occasions - involved in organisation of highly sophisticated operation – responsible for provision of bags to couriers, movement of drugs once left airport and payment of those involved
MI

(29)

[2017] NSWCCA 225

​Consp import comm qty

 

Sched:

Possess proh weapon

Possess ammunition

​13kg
​PG

(50% plea and assist)

​Nil relevant
​10y 6m

NPP 4y

​AD
​With co-offender conspired with regard to six consignments - shipments in total contained 13kg gross (6 kg pure) – offender also involved in earlier cargo shipment of 59 kg gross (17 kg pure) - conspiracy extended over a year - planned but not sophisticated - motivation financial gain – offender's role little more than person to whom drugs delivered.

Remorse – financial debt

Last Updated: 15.9.2017

 

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