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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

  

Drugs - Pseudoephedrine - Supply Commercial/Large Commercial  Quantity

Drug Misuse and Trafficking Act 1985

s.25(2) Supply Commercial Quantity Prohibited Drug

Commercial Quantity 1.25kg / Large Commercial Quantity 5 kg

Maximum penalty (s.33)

Commercial quantity 20 years / SNPP 10y

Large commercial quantity Life / SNPP 15y

Case
(age if known)

OffenceAmountPleaPriorsSentenceAppealFacts

Harris

(37)

(2001) 125 A Crim R 27

NSWCCA

Supply lge comm

 

Supply lge comm Meth

 

Conspiracy to supply comm cannabis leaf

 

Sched:

13 firearms offences

60kg

 

2.39kg

 

 

34.166kg

PGRecord

5y

NPP 3y 9m

(identical concurrent sentences)

Crown AD

(exercise of discretion)

Delivered methamphetamine and cannabis to garage of drugs house – on subsequent occasion removed some of the methamphetamines and cannabis – on two occasions removed pseudoephedrine from same garage

Pham

(37)

(2009) 193 A Crim R 190

NSWCCA

Knowingly taking part in lge comm supply300kg (25% pure)VGinsignificant

10y

NPP 7y 6m

AD

SNPP 15 years

Drugs imported in bases of statues – removed some of the drugs from storage facilities

Vietnamese with difficult background – vulnerable – to receive modest remuneration

Nguyen

(32)

 

Phan

(25)

 

[2009] NSWDC 181

Williams DCJ

 

Co-offenders:

OLIVERI [2011] NSWCCA 38

Knowingly taking part in lge comm supply43.9kg - 9.365kg (pure)VG

 

 

 

Juvenile

10y 6m

NPP 8y

 

8y

NPP 6y

 

SNPP 15 years

Drugs imported from Vietnam mixed with cosmetic chemicals

Nguyen lieutenant to principal

Phan - courier

Additional co-offender dealt with for importation offences

Phan [2013] NSWCCA 49

Pham

(35)

[2010] NSWCCA 208

 

Co-offender:

TRAN [2014] NSWCCA 32

Knowingly taking part in lge comm supply10.124kg (30% purity)

PG

(25%)

Minimal record

10y

NPP 6y

AD

SNPP 15 years

Purchased drugs from suppliers in Sydney – co-offender pulled over transporting them to Gold Coast - negotiator, organiser, coordinator, quality controller and financial arranger

Vietnamese with difficult childhood

El Helou

(24)

[2010] NSWCCA 111

 

[2014] NSWCCA 209

Knowingly taking part in lge comm supply

259.22kg

(52.34kg pure)

PG

(25%)

 

10y 6m

NPP 6y 6m

Crown AA

12y

NPP 8y

 

AA

10y

NPP 6y 8m

SNPP 15 years

Drugs imported from overseas – involved in transporting and warehousing drugs for two days – above mid-range seriousness

Yaghi

(33)

[2010] NSWCCA 2

Supply comm

 

Knowingly take part in manufacture comm Meth

 

Possess Precursor

 

Sched:

3 offences

1.461kg

PG

(25%)

minor

FT 3y

 

Total:

6y

NPP 4y

AD

SNPP 10 years

Drugs found at property occupied by offender – rented out shed aware it was being used for manufacture – in possession of 1.5 litres of hypophosphorous acid (pre-cursor) – also found in possession of pseudoephedrine.

Oliveri

[2011] NSWCCA 38

 

Co-offender:

NGUYEN and PHAN

[2009] NSWDC 181

Knowingly taking part in lge comm supply:Greater than 5kgVG 

8y

NPP 6y

AD

SNPP 15 years

Three cardboard boxes containing 43.9kg (gross) imported from Vietnam – controlled delivery – took delivery of some of the drugs from house of co-offender

Additional co-offender dealt with for importation offences

Phan [2013] NSWCCA 49

Standen

[2011] NSWSC 1422

James J

 

 

 

 

 

Co-offender:

JALALATY

Knowingly take part in lge comm supply

 

Conspiracy to import comm

 

Att pervert course of justice

300kgVGNil

22y

NPP 16y

 

18y

NPP 12y

 

FT 3y 6m

(concurrent)

 

SNPP 15 years

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

Jidah

(33)

[2014] NSWCCA 270

 

 

Co-offenders:

DS

JIDAH

ES

WILSON

Supply lge comm

 

 

Attempt possess precursor

125kg

(pure)

VG 

13y

NPP 8y 9m

 

FT 15m

(concurrent)

AA

10y

NPP 6y

SNPP 15 years

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by Wilson – offending bottom of mid-range – recruited by brother and subordinate to all co-offenders – believed involved in hundreds of kilos of drugs

Otherwise good character

On appeal found disparity

Co-offender ES sentenced for importation: [2014] NSWCCA 268

Jidah

(27)

[2014] NSWCCA 269

 

Co-offenders:

DS

JIDAH

ES

WILSON

Supply lge comm

 

 

Attempt possess precursor

125kg

(pure)

VG 

15y 9m

NPP 10y 3m

 

FT 18m

(concurrent)

AA

12y 6m

NPP 8y 6m

SNPP 15 years

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by Wilson – close to top of mid-range – task of safeguarding drugs in transit - aware of scale of operation and quantity of drugs involved

Otherwise good character

On appeal found disparity

Co-offender ES sentenced for importation: [2014] NSWCCA 268

DS

(33)

[2014] NSWCCA 267

 

 

 

 

Co-offenders:

JIDAH

JIDAH

ES

WILSON

Supply lge comm

 

 

Attempt possess precursor

125kg

(pure)

VGminor

15y 11m 1w

NPP 10y 4m 1w

 

FT 20m

(concurrent)

AA

14y 6m

NPP 9y 6m

SNPP 15 years

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by Wilson - role was to facilitate delivery of container to warehouse, supervise unpacking of container supervise resealing of boxes after they had been examined to locate any listening devices – important role – financial gain – aware of approximate amount of drugs – subordinate to ES and Wilson but above Jidah and Jidah

On appeal found disparity

Co-offender ES sentenced for importation: [2014] NSWCCA 268

Wilson

[2014] NSWCCA 266

 

Co-offenders:

JIDAH

JIDAH

DS

ES

Knowingly take part in lge comm supply

125kg

(pure)

VGNil

16y 2m

NPP 10y 6m

AD

SNPP 15 years

Drugs imported from Thailand concealed as juice boxes – controlled delivery – drugs picked up and transported to warehouse owned by offender – deliberately in Thailand to distance self from offence – very senior role in offence requiring substantial planning and co-operation

Otherwise good character – unlikely to re-offend

Co-offender ES sentenced for importation: [2014] NSWCCA 268

Soames

(31)

[2014] NSWCCA 158

 

[2017] NSWCCA 158

 

Co-offenders:

GROVER

GROVER

Knowingly take part in lge comm supply

 

Supply lge comm qty

24kg

 

 

22.6kg

PG 

6y

NPP 3y

 

9y

NPP 5y

 

Total

10y

NPP 6y

AD

 

AA

6y

NPP 3y

 

6y

NPP 3y 6m

 

Total

7y

NPP 4y 6m

SNPP 15 years

Arranged for father to pick up and transport drugs on behalf of associates – on separate occasion drove with co-offender to pick up drugs from storage container

Seeking to raise money for brother's legal fees

D. Grover

(35)

 

 

 

 

 

 

 

 

B.Grover

(31)

 

[2014] NSWCCA 315

 

 

 

Co-offender:

SOAMES

3 x supply lge comm

 

 

Possess precursor

 

 

 

 

 

3 x supply lge comm

 

 

Possess precursor

24kg

22kg

24kg

 

95 packets

 

 

 

 

 

24kg

22kg

24kg

 

73 packets

PG

(20%)

 

 

 

 

 

 

 

 

PG

(20%)

Supply offences committed while in bail for possess offence – prior record included drug offence

 

Supply offences committed while in bail for possess offence – no drug offence or prior impriosn

14y

NPP 8y

(each)

 

FT 2y 6m

 

Total

17y

NPP 11y

 

13y 6m

NPP 7y 6m

(each)

 

FT 2y

 

Total:

16y 6m

NPP 10y 6m

AA

9y 6m

NPP 5y

(each)

 

FT 2y 6m

 

Total

12y 6m

NPP 8y

 

9y

NPP 4y 6m

(each)

 

FT 2y

 

Total:

12y

NPP 7y 6m

SNPP 15 years – supply offences

Brothers - Purchased cold and flu tablets from chemists over many months using both genuine and  false driving licences – supply offences related to tablets stolen from pharmaceutical company – on first occasion drugs transported by father of co-offender to cousin of offenders – second occasion tablets taken by co-offender but stopped by police – third occasion offenders arrested upon delivery of drugs – above mid-range seriousness – well planned – financial gain

Tran

(33)

[2014] NSWCCA 32

 

Co-offender:

PHAM [2010] NSWCCA 208

Knowingly take part in lge comm supply10.124kg

PG

(15%)

limited

10y

NPP 6y

AD

SNPP 15 years

No facts given in judgment – see Pham above

Negotiator, organiser and co-coordinator - role of significance but not as great a co-offender

Jones

(44)

[2016] NSWCCA 230

Supply lge comm

 

 

 

Dealing with proceeds of crime

 

Possess proh weapon

 

Sched:

2 offences

Over 27kg

PG

(25%)

minor

Indicative

9y

NPP 5y 10m

 

4y

NPP 2y 7m

 

12m

NPP 8m

 

Agg

11y

NPP 7y

AD

SNPP 15 years

Transported drugs from Perth to Sydney by train in plastic containers – took delivery of containers and transported to garage – methylamphetamines and $885 found in garage – search of house found knuckledusters and cash over $160,000 – drug dealer involved for financial gain

Nguyen

(35)

[2017] NSWCCA 39

Consp to supply comm

 

Sched

Consp to supply ephedrine

4.035kg

 

 

263g

PG

(25%)

nil

6y

NPP 3y 4m

AD

Female – drugs brought in from Vietnam by courier – at airport to meet courier – involved in syndicate at 'not low level' – involved in conspiracy for over a month

Delay in sentencing due to pregnancy of offender – in financial difficulty due to gambling

Last Updated: 25.5.2017