Chase NSW CCA 19.10.1990 | Knowingly concerned in import | 762g (pure) | VG | nil | FT 8y | AD | More than courier, if not principal. Recruited two accomplices. American national – would be deported at end of sentence |
Montenegro (26) NSW CCA 15.2.1991 | Import | over 1.5kg (pure) | PG | nil | FT 4y 9m | AA 6y 3y 6m | Courier. US national. Assistance to authorities. |
Kogelbauer (31) (1992) 65 A Crim R 357 | Import | 269g (pure) | PG | minor | 8y 6m NPP 6y | AD “Sentence towards top of the range”. | Purchased drugs in Amsterdam intending to sell in Australia. Heavily addicted to cocaine. Not part of an organisation: working alone. Admitted importation at airport. Good subjective features. |
Raz NSW CCA 17.12.1992
Co-offender: LEFF | Import | Approx 1.25kg (pure) – see Leff (1996) 86 A Crim R 212 | PG |
| 7y NPP 5y 4m | AA 4y 9m NPP 3y 6m | Imported cocaine strapped to body. Was to deliver cocaine then wait for money to exchange into $US. Assisted in preparing and packing drugs. Regarded as more than a mere courier. Considerable and valuable assistance. |
Arabi (39) NSW CCA 23.4.1993 | Import | 736g (pure) | PG | nil | 8y NPP 6y | AD | Need not greed |
Moreno NSW CCA 4.11.1994 | Import | 341g (pure) | PG |
| 10y NPP 6y | AD | Arrested at airport with drugs internally concealed. No assistance. |
Jelks (36) NSW CCA 1.12.1995 | Import | 404g (pure) | PG | nil | 8y 6m NPP 5y | AD | Courier from US. |
Moreno NSW CCA 26.6.1996 | Import | 294g (pure) | PG | nil | 6y NPP 4y | AD (middle of appropriate range) | Arrested at airport importing drugs internally from Colombia. Offers of assistance worthless. Naive with intelligence at lower range. Used by others. Genuinely contrite. |
Stenovich (24) NSW CCA 27.11.1996 | Import | 390g (pure) | PG |
| 9y NPP 6y | AA 8y NPP 5y | Arrested at airport. Courier. Minimal assistance. Previously visited Australia on reconnaissance mission. American national – Parity |
Leff (56) (1996) 86 A Crim R 212
Co-offender: RAZ | 2 x Knowingly concerned in import | 1.25kg (pure) 1.25kg (pure) | VG | nil | 13y 4m NPP 8y 6m | AD | Involved in America at level close to full principal. Criminality little less than K. Female offender with seriously ill husband in America. No family support in Australia. |
Lopez-Alonso (1996) 86 A Crim R 270 | Import | 1.6kg (pure) | VG | nil | 9y NPP 6y | AD | Courier. Argentinean national |
Abdulhadi NSW CCA 3.10.1997 | Import | 964.4g (pure) | PG |
| 5y NPP 3y | AD | Co-offender brought in cocaine in scuba tank - Controlled delivery to appellant - Recruited courier to act on behalf of another Assistance to authorities |
Tapasa NSW CCA 31.10.1997 | Import | 723.6g (pure) | PG | nil | 8y NPP 4y 6m | AD | Accompanied co-offender, both carrying drugs - Courier. |
Faneite (61) NSW CCA 1.5.1998
Co-accused: BARRIENTOS | Import Knowingly concerned in import | 834g (pure) 719g (pure) | PG | nil | 6y 6m NPP 4y | AD | A and wife imported cocaine in shoes. Expected to receive $10,000. Participated in controlled delivery, and two people arrested. |
Smith (22) NSW CCA 20.8.1998 | Import | 444.3g (pure) | PG | nil | 3y 6m NPP 2y (assistance) | AD | Cocaine found in two bags. Financial gain only. Issue on appeal was parity only. Female from America. |
Barrientos NSW CCA [1] 10.2.1999
Co-accused: FANEITE | Knowingly concerned in importation | 1553.6g (pure) | VG | nil | 8y NPP 4y 8m | AA 7y 6m NPP 4y 8m | Controlled delivery of shoes containing cocaine. Just above courier. Failure to give discount for assistance and to take into account prior good character. Venezuelan. |
Crowdey (39) NSW CCA [24] 5.3.1999 | Knowingly concerned in import | See facts | PG |
| 2y 6m NPP 1y 6m | Crown AA 4y NPP 2y 6m | Police seized 37.9g cocaine following controlled delivery to A. Principal local distributor to established small network of users. Made personal profit. Received 10 envelopes over 15 months. Total value over $100,000. Under powerful influence of co-offender. Psychiatric condition. |
Blanco (22) (1999) 106 A Crim R 303 | Knowingly concerned in import | 341.2g | PG | minor | 12y NPP 8y | AA 10y 6m NPP 7y (delay in charging) | Well above courier - Recruited co-offender to bring in drugs from Bolivia. |
Ocampo- Campuzano NSW CCA [179] 2.7.1999 | Import | 844.6g (pure) | PG | not stated | 8y NPP 5y | AD | Courier. Drugs found in bottom of suitcase. Colombian citizen. Family overseas threatened by principal. |
Cajuires (52) NSW CCA [282] 10.9.1999 | Import | 712.49g (pure) | PG | nil | 8y 6m NPP 6y 6m | AA 7y NPP 4y 6m | Courier. Drugs found in lining of backpack. Guatemalan living in USA. |
Acosta (55) NSW CCA [334] 22.10.1999 | Import | 1.879kg | VG | nil | 8y NPP 6y | AA 8y NPP 5y | Courier. Arrived from Argentina with liquor bottle filled with cocaine. Financial troubles - supporting wife and five children. Colombian. |
Quansah (31) NSW CCA [64] 31.3.2000 | Import | 643.7g (pure) | PG |
| 4y 8m NPP 2y 6m | Crown AA 6y NPP 4y | Drugs found in wooden statue. Judge rejected claim drugs for personal use but accepted drug addiction. Dealt with as principal - organised purchase of drugs in South America and intended to use some cocaine and sell the rest. |
Toro-Martinez (2000) 114 A Crim R 522 | Knowingly concerned in import | 655.2g | PG | no priors | 3y 6m NPP 2y | Crown AA 6y NPP 3y | Became involved late in importation. Involved in meetings and assisted chemist employed to extract cocaine. Assistance not vital to offence. |
Contreras-Ortiz NSW CCA [328] 11.8.2000 | Knowingly concerned in import | 930g (pure) | VG |
| 15y NPP 11y | AD | Received cocaine hidden in projector sent from Buenos Aries. Relatively senior level of involvement. |
DLH (52) NSW CCA [376] 1.9.2000 | Knowingly concerned in import | 1.153.4g (pure) | PG | nil | 4y NPP 12m | Crown AD | Cocaine imported as paste in audio tape reels - Package addressed to respondent’s business - To receive $12,000 - Low in criminal hierarchy. Full admissions - Assisted in subsequent controlled delivery - Long standing drug addiction - Poor health - Suicide attempt - Depression |
Ceissman (20) (2001) 119 A Crim R 535 | Knowingly concerned in import | 344.4g (pure) | PG | not unfavourable | 3y NPP 18m | Crown AA 4y 6m NPP 2y 9m | Received drugs inside teddy bear posted overseas. Paid $50 to receive and hold on to packages until collection and remit money to US. Not isolated offence. Deprived background - remorse - depressive illness - health problems resulting from accident - responsible for younger brother |
Szelenczy NSW CCA [75] 16.3.2001
Co-offenders: CERULLO SOUKOULIS | Import | 614.4g (pure) | PG | nil relevant | 9y NPP 5y | AD | Travelled overseas and upon return took delivery of parcel containing Bible with cocaine inside. Lesser degree of responsibility than co-offenders but greater than mere courier. Used false documentation when sending parcel. Psychological and physical ill health - South African - rehabilitation - offences committed for financial gain. |
Klein (2001) 121 A Crim R 90 | Import | 513.7g (pure) | PG | nil | 3y 9m NPP 2y 6m | Crown AD | Female - When apprehended at airport admitted carrying drugs - Believed she was carrying marijuana - Courier - Motivated by debt Offered assistance to police - contrite - separated from family in South Africa |
Chanthaboury (2001) 121 A Crim R 505
Co-accused: VERGARA | Import | approx 1kg | PG (after hung jury) | nil | 7y 6m NPP 4y 6m | AA 6y NPP 4y | Cocaine found in lining of suitcase - aware of drugs but not how they got there - to received $12,000. Involved in controlled delivery - bare or mere courier but greater role than co-offender. Assistance. |
Chapple NSW CCA [183] 11.5.2001 | Knowingly concerned in import Attempt obtain possession of cocaine | 79g (pure) | PG | appalling record - 3 major drug offences | 5y NPP 3y 6m FT 12m (concurrent) | AA 4y NPP 2y 6m | Opened post office boxes and received drugs through mail - Principal on own behalf - Most of drug for own use. Tragic life as a result of drug addiction. |
Quesada (37) (2001) 122 A Crim R 218 | Knowingly concerned in importation | 1,306.8g (pure) | VG | first custodial sentence | 10y NPP 7y | AA 10y NPP 6y | Female - Picked up backpack containing drugs from female who had brought it in on overseas flight - Precise nature of involvement not known. Colombian - Single mother with 2 children. |
Hendricks (24) (2001) 125 A Crim R 303 | Import | 162.7g (net) | PG | nil | 6y 6m NPP 4y 3m | AD | Arrived having swallowed drugs - courier with low level trafficable quantity. Financial gain only - South African - signs of depression - Contrition |
Boulghourgian (26) (2001) 125 A Crim R 540 | Knowingly import | 114.5g | VG | supply drugs | 6y NPP 4y | AD | Cocaine concealed in a car radio cassette player sent from the United States in a parcel intercepted by customs. Police substituted for the drug an inert substance. Appellant entered FedEx office, signed for the parcel under a false name and left in his car. The car was intercepted by police. Lack of remorse. Significant role (principal). Sophisticated scheme. Potential considerable profit. Note: Although there was error detected in the reasoning process of TJ, in that it was based on the guideline judgment of R v Wong & Leung (now overturned by High Court), having regard to all subjective matters and objective criminality, there was no error in the sentence imposed. |
Hamzy (19) (2001) 127 A Crim R 70 | 2 x knowingly concerned importation | 772.6g (pure) 713.69g (pure) | PG |
| 9y NPP 5y 6m | Crown AA 13y 6m NPP 8y | Initiator and director of 2 importations while in US - On bail for supply offences. Absconded. Voluntarily returned to Australia to face charges. Disadvantaged background. |
Vergara NSW CCA [314] 26.7.2002
Co-accused: Chanthaboury | Import | 1 kg | VG |
| 8y NPP 5y | AA 6y NPP 4y | Cocaine found in suitcase. Courier - lesser role than co-offender. Parity. |
Gallego NSW CCA [529] 17.12.2002 | Import | 1114.9g (pure) | PG | nil known | 8y 6m NPP 5y 6m | AD | Imported drugs in golf bag - Assume no higher than courier Spanish national |
Vasquez NSW CCA [94] 14.3.2003 | Knowingly concerned in importation | 649.5g (pure) | PG |
| 9y NPP 6y | AD | Drugs mailed in suitcase intercepted by police – Controlled delivery – Significant role in organising, collecting, unpacking and attempted acquisition |
Karipidis (21) NSW CCA [168] 25.6.2003 | Knowingly concerned in importation | See facts | PG | Significant | 8y NPP 4y 10m | AA 7y 10m NPP 4y 10m | Involved in joint enterprise to import drugs from Uruguay – 2 packages picked up and delivered to K – Second package contained 175g (pure) - greater involvement than courier Appeal allowed to take into account Pre sentence custody on head sentence |
Cerullo
Soukoulis
NSW CCA [201] 31.7.2003
Co-offender: SZELENCZY | Knowingly concerned in importation | Not stated – see co-offender | VG | Not stated | 12y NPP 8y | AD | Parcel of drugs posted by co-offender in Germany to co-offender – Principals Motivated by greed |
Minall (34) Watkins (33)
NSW CCA [311] 11.11.2003 | Import | 437.3g (pure) | PG | Nil
Nil | 7y 6m NPP 5y | AD | Imported drugs internally from America – Well above couriers |
Gutierrez (36) NSW CCA [22] 24.2.2004 | Knowingly concerned import Money laundering
Conspire to import | 1.5-1.8kg
3-4kg planned | VG
PG | Imprisoned in Germany for similar offence – these offences committed 10m after release | Import: 10y
Conspiracy: 6y 9m
Money Laundering: 4y
Total: 13y 6m NPP 8y | Crown AD | Cocaine imported in wine carried by co-offender – involved in attempting to separate drugs from wine – some cocaine sold and money used to finance second planned importation – representative of principals in scheme Sought to launder $96,000 by sending travellers cheques to co-offenders in USA |
Bartlett (28) NSWCCA [103] 23.3.2005 | Import heroin
Import cocaine | 306.8g pure cocaine 54g pure heroin | PG | Nil | 7y NPP 4y 2m | AD | Accepted money to import powder from South Africa in shoes and on sanitary pad – didn’t know what powder was – full admissions and early plea Sexually abused as child – daily use of heroin since 2000 – 5y daughter, in care of ex-husband – anxiety and depression – remorse |