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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 - Amphetamine/ Methylamphetamine - Manufacture Large Commercial Quantity

s.24(2) Drug Misuse and Trafficking Act 1985 (NSW) - manufacture commercial quantity
s.33(3) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty life
Large commercial quantity - 1kg

Standard Non-Parole Period (offence committed on or after 1.2.2003) – 15 years

Case
(age if known)

OffenceAmountPleaOriginal SentenceAppealRecordFacts

Larsson

(55)

NSWCCA

11.9.1997

Knowingly take part in manufacture lge comm qty amphetamine1kg per week for nearly 2 monthsPG

MT 7y

AT 5y

ADcommitted offences while on bail for similar offences - no other record

Assisted in setting up laboratory, trained another person in procedures and provided some equipment.

Prior good character.

S

(2000) 111 A Crim R 225

Manufacture lge comm qty amphetamine PG

MT 18m

AT 18m

 

50% discount assistance

Crown AA

MT 3y

AT 1y

minor drug offences; on bail for similar offencesInvolved in organising and transporting equipment and chemicals, commencement of manufacturing process and recruitment at two laboratory sites - not principal

McMillan

[2000] NSWCCA 241

Knowingly take part in manufacture lge comm qty1,830.5g 1-phenyl 2-nitropropylenePG

MT 3y

AT 3y

AA

3y

NPP 18m

 

Reluctantly involved in large scale manufacturing operation, purchasing ingredients and making other commercial transactions - attempted to sabotage operation before giving anonymous tip-off to police - manufactured precursor to amphetamines - actions prevented substantial quantity of amphetamine being produced.

Failed to give specific discount for effect of sabotage on operation

Pedavoli

(2002) 128 A Crim R 137

Knowingly concerned in manufacture lge comm qty amphetamine PG

4y

NPP 15m

Crown AA

8y

NPP 3y 9m

Supply – on bail for drug mattersInvolved in manufacture for principal

El Azzi

[2004] NSWCCA 455

2 x Conspiracy to manufacture lge comm qty methylamphetamine

See facts

 

VG

7y

NPP 5y 3m

Conviction ADPolice corruption offence

Involved in attempt to manufacture in two different locations – senior participant – intended to make 30kg from chemicals obtained – chemicals would have only produced 12 ½ kg

Ex-police officer – protective custody

Lau

[2010] NSWCCA 43

Manufacture lge comm qty methylamphetaminePotential to produce 8.869kgPG

12y

NPP 9y

AA

12y

NPP 8y

 

SNPP 15 years

Employed as "cook" – arrived in Australia from China only a few weeks before arrest.

Appeal allowed on basis of parity – finding of special circumstances.

Reardon

[2012] NSWCCA 46

Knowingly take part in manufacture lge comm qty methylamphetamine5.877kg

PG

(25%)

15y

NPP 10y 9m

ADrecord

SNPP 15 years

Few facts - Police found chemicals and clandestine laboratory - motivated by greed

Total sentence with three other offences: 16y NPP 11y

DW

[2012] NSWCCA 66

Conspiracy to manufacture lge comm qty amphetamine

 

Possess prohibited pistol

 

Sell prohibited firearm

4kg

PG

(50%)

4y

NPP 2y 6m

 

Total

4y 8m

NPP 3y 2m

Crown ADBreached parole – similar offences

SNPP 15 years

Started planning with informer and undercover police officer to manufacture 4kg – possessed and sold shortened rifle

Significant assistance

Greenaway

(51)

[2013] NSWCCA 270

Manufacture lge comm qty methylamphetamine

 

Possess precursor

5.8kg

PG

(20%)

19y 6m

NPP 11y 7m 15d

AD 

SNPP 15 years

Planned and organised operation - appellant a central part of the organisation – at least in mid-range – value between $500k - $2.7 million

Eckersley

[2013] NSWCCA 219

Manufacture lge comm qty methylamphetamine

 

Manufacture lge comm qty ecstasy

 

Supply lge comm qty methylamphetamine

 

Sched:

4 drug offences

See factsPG

12y

NPP 8y

 

 

18y

NPP 11y

 

12y

NPP 8y

 

Total:

21y

NPP 14y

AD 

SNPP 15 years

'Very significant and managerial organisational' role in two distinct manufacturing ventures – one laboratory held records relating to sale of $617,000 drugs and 2.145kg methamphet – second laboratory held raw product for 250,000 tablets – offences extended over 12 months

LB

(31)

[2013] NSWCCA 70

Knowingly take part in manufacture lge comm qty methylamphetamine

 

Knowingly take part in manufacture lge comm qty ecstasy

 

Sched:

Possess precursor

2 x Supply

 

PG

(40% plea and assist on appeal)

5y

NPP 3y

 

 

 

9y

NPP 5y

 

Total:

12y

NPP 8y

AA

2y 7m

NPP 1y 8m

 

 

4y 3m

NPP 3y 4m

 

Total:

10y 2m

NPP 6y 10m

Property offences

SNPP 15 years

Offences committed over 14m at two different premises

Became heavily addicted to drugs – prior to arrest moved overseas and became drug free – voluntarily returned to Australia

 

IL (No 4)

(45)

[2014] NSWSC 1801

Manufacture lge comm qty methylamphetamine

 

4 x Possess Weapons offences

Over 6kgVG

Indicative

10y

 

Agg Sentence:

11y 6m

NPP 7y 6m

 nil

SNPP 15 years

Female permitted associate to use premises to refine methamphetamine – some further involvement in process – subordinate position – financial reward – associate killed when bathroom exploded – joint possession of guns belonging to associate found in house and car

Good character

Wan

(43)

[2017] NSWCCA 261

 

 

 

 

Co-offender:

KWOK

Manufacture lge comm qty methylamphetamine

 

Supply lge comm qty methamphetamine

144.6kg

 

 

 

15.9kg

PG

(25%)

18y

NPP 12y

 

 

12y

NPP 9y

 

Total:

21y

NPP 15y

ADPriors in Hong King – not as serious

SNPP 15 years

Methamphetamine imported in wax blocks – flew out from Hong Kong to assist in extraction of drugs from blocks and arranging supply to buyers – significant and trusted role – sole liaison in Hong Kong – offence upper range of seriousness – not isolated – sophisticated system of drug trafficking

Isolation in custody

Kwok

(56)

[2018] NSWCCA 200

 

 

 

 

 

Co-offender

WAN

Manufacture lge comm qty methylamphetamine

 

Supply lge comm qty methamphetamine

144.6kg

 

 

 

15.9kg

PG

(25%)

22y

NPP 14y

 

 

15y

NPP 11y 3m

 

 

Total:

25y

NPP 17y

ADPriors in Hong King – theft, fraud, blackmail, administer stupefying drug

SNPP 15 years

Involved with co-offenders - Methamphetamine imported in wax blocks – role of offender was sourcing items required for manufacture, overseeing and supervising cooking process, purchasing sundry items and liaising with others to inform when drug ready for supply – found in taxi cab with co-offender and drugs for supply

Greentree

[2018]

NSWCCA 227

Manufacture lge comm qty

 

 

Accessory after fact manufacture lge comm qty

 

Possess proh firearm

 

Sched:

3 offences

5kg

PG

15%

7y NPP 5y

 

 

 

2y 6m

 

 

 

3y

NPP 1y 2m

 

Total

10y

NPP 7y

AA

6y 3m

NPP 4y 5m

 

2y 1m

 

 

 

2y 5m

NPP 1y 8m

 

Total

8y

NPP 5y 6m

 

SNPP 15 years

Involved with co-offender (brother) - large amounts of ingredient chemicals for production ("precursors") and equipment found on property - sufficient to manufacture quantity of methylamphetamine greater than 5kg - manufacturing process not underway but manufacture of at least commercial quantity had taken place - arrangements being put in place for manufacture of further large commercial quantity - operation to be embarked upon of substantial size and sophistication - within mid-range objective seriousness

Special circumstances – first time custody – drug rehabilitation

On appeal - sentencing judge wrongly assumed commercial quantity was 500g when it was 1kg.

Last Updated: 6.12.2018

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