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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 - Heroin - Multiple Supply: s.25A

 
s.25A(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug on 3 or more occasions during 30 consecutive days - maximum penalty 20 years 
 

Case
(age if known)

DrugAmountPleaPriorsSentenceAppealFacts

Hoon
(18)

 

Pouoa
(19)

 

[2000] NSWCCA 137

 

Co-accused:
THOMPSON

s.25A

 

 

s.25A

 PG

drug related matters

 

MT 8m
AT 6m

 

MT 8m
AT 6m

Crown AD

Both girls runners for large scale heroin distribution network - provided by middle management with heroin each day and sold on streets - sentenced for three supplies of .25g each but both admitted to regular selling - not involved in administration and received no real profit

Both addicted to drugs and vulnerable.

Tipler

[2000] NSWCCA 382

s.25A

 

Sched:

7 offences

 PG 

MT 2y 9m
AT 2y 3m

AD

No merit in issue of parity.

Involved in ongoing sale of drugs in Tamworth area - higher in hierarchy than female co-offender.

Thompson

[2000] NSWCCA 362

 

Co-accused:  HOON & POUOA

s.25A

 

Sched:

2 dishonesty offences

 PGvirtually none

MT 8m 3w 4d
AT 2y 4m 5d
(+ 5w PSC)

AA

14m

NPP 5m 2d (to expire day of appeal)

Female - runner selling heroin on streets for heroin distribution network.

Sold heroin to support addiction.

Failure to take into account period at rehabilitation centre

Carter

[2000] NSWCCA 490

s.25A

 

Sched:

Other drug offences

 VGbreached recognisance

MT 2y
AT 1y

AD

Female - in business of selling heroin at street level.

Long term addiction.

Huang

[2001] NSWCCA 76

s.25A

27.9g

(72%)

83.5g (73.5%)

346.9g

(70%)

PG 

8y
NPP 6y

AD

Supplied to undercover police officer.

Middle aged man supplying for financial gain - no contrition.

Khaled

[2001] NSWCCA 169

s.25Atotal – 0.19gPGextensive criminal history including drug offences - on parole for drug offence

4y
NPP 2y

ADSupplied to undercover police officer - feeding addiction - street dealer with other sales during this period.

Patek

[2001] NSWCCA 315

s.25A

0.40g x 2

0.42g

0.32g

PG

(15%)

lengthy

2y 3m
NPP 20m

Crown AD

Supplied to undercover police

Heroin addict.

Sentence "light" but no error shown - some reference to other cases.

Nuth
(18)

[2001] NSWCCA 318

s.25A

 

Sched:

Supply heroin

GIC

small amountsPGshoplifting - on bond

4y
NPP 2y

AA

3y

NPP 18m

Supplied small amount of heroin over several weeks - importance of admissions to proving crown case

Unemployed – refugee - drug addiction - low intelligence.

Boardman
(41)

[2001] NSWCCA 431

 

Co-accused:  LENEHAN

s.25Anot statedPGlong record

3y 9m
NPP 2y 10m

AA
3y
NPP 2y 3m

Engaged in on going supply with de facto wife - supplied to police officer three times - feeding habit and making profit.

Long association with drugs - little prospect of rehabilitation.

Arnott
(47)

[2001] NSWCCA 497

s.25A

 

Sched:

5 x supply heroin-

total of 0.2g

PG

(25% on appeal)

Not stated

4y
NPP 2y 6m
(from JIRS summary)

AA
2y 8m
NPP 2y

Female - involved in systematic but small scale dealing over two months to pay debts - desperate financial straits

Le
(18)

[2002] NSWCCA 26

s.25A PGDrugs - GIC

5y
NPP 3y

AA
4y
NPP 2y

Arrested under police surveillance - supplied heroin from house in Newtown.

Youth - refugee background.

Gill
(34)

[2002] NSWCCA 93

s.25A

0.07g
0.06g
0.16g
0.07g

PG

(25%)

extensive - breached bond and bail

3y 6m
NPP 2y 8m

AA
3y 6m
NPP 2y 6m

Sold to undercover police officer

Heroin addiction - accumulation to existing 6m sentence

Lenehan

[2002] NSWCCA 158

 

Co-Accused:  BOARDMAN

s.25A PG 

3y
NPP 12m

AA
2y 4½m
NPP 8½m

Female - no facts supplied - see Boardman

Bruppacher

[2002] NSWCCA 182

s.25A

1.9g
0.11g
0.06g

PGpriors for drug dealing

5y 6m
NPP 3y 3m

AD

Evidence of dealing to a considerable extent

User

Kostecoglou
(23)

(2002) 137 A Crim R 257

2 x s.25A


2 x s.25A cocaine

 

Sched:
Possess unauth firearm

 

PG

(25%)

nil

FT 12m

 

3y 2m
NPP 12m
(concurrent)

Crown AD

Part of large scale syndicate involved in drug distribution - Street dealer for 2 months - Also involved in other aspects of business

Developed major drug problem after mother died - Evidence of rehabilitation - Stringent bail conditions

Carter
(41)

[2003] NSWCCA 243

s.25A$50 amountsVGRecord for supply drugs

3y 8m
NPP 2y 9m

AD

Female - supplied to 3 separate persons on separate occasions

Lengthy history of drug abuse

Truong
(late middle age)

[2003] NSWCCA 314

s.25A$50 amounts

PG
(25%)

Nil

3y 6m
NPP 2y

ADSupplied to undercover police officer

Bentley
(35)

[2003] NSWCCA 360

s.25A

0.25g
0.27g
0.38g

VGLimited

3y
NPP 27m

AD

Supplied 0.9g over three days to undercover police officer for $360

Drug addiction – protective custody

Le
(30)

[2005] NSWCCA 162

s.25A

4.9g
4.9g
5g

PG
(15%)

Nil

4y 8m
NPP 2y 8m

AD

Sold to undercover police officer – part of more extensive dealing

Drug addict

Magtoto
(40)

[2005] NSWCCA 180

s.25A PGSubstantial – no supplies – breached bonds and suspended sentence

2y 8m
NPP 2y

AD

Sold to undercover police officer

Addict

Sama
(31)

[2005] NSWCCA 191

s.25A

0.05g

 

0.029g

 

18.6g methadone

PGPriors for drug possession

30m
NPP 15m

ADSold to undercover police operatives – part of planned activity

Huang

[2005] NSWCCA 244

s.25A

0.45g
0.10g

PG

(15%)

Breached bond

5y
NPP 3y 6m

AD

Involved with mother in highly organised and ongoing heroin distribution from residence – supplied to undercover police officer

Long-term drug addiction

Ellaz
(30)

[2005] NSWCCA 350

s.25A

 

Sched:
GIC

0.69g

PG
(15%)

Breached bond – record for driving offences

2y 10m
NPP 1y 10m

AD

Sold drugs to undercover police officer – part of sophisticated heroin dealing operation – commercial gain

Assistance – mental health issues

Giang
(23)

[2005] NSWCCA 387

s.25A

 

Sched:
GIC
Possess

Small foils

PG
(25%)

Minor

3y 3m
NPP 1y 9m

AD

Engaged in business of selling heroin – "arvo shift" – sold small foils for $50

Some prospects of rehabilitation – drug addiction

Mizzi
(20)

[2006] NSWCCA 194

s.25A


Sched:
Knowingly supply heroin

0.2g
0.21g
0.09g
0.19g

PG
(25%)

Nil

3y
NPP 18m PD

AD

With boyfriend engaged in heroin dealing  - boyfriend supplied to undercover police – coercion

Difficult childhood – sexual abuse – physical and emotional abuse by co-offender – 2 weeks PSC – mother to four children

Hanza

(2008) 191 A Crim R 435

NSWCCA

s.25A

 

s.25A

 

Sched:
Supply

27.94g

 

167.46g

PG 

FT 2y

 

5y
NPP 3y

Total
6y
NPP 4y

ADControlled operations - female

Ritter
(39)

[2012] NSWCCA 121

s.25A

 

 

s.25A

 

Sched:
Deemed supply

80g

 

 

80g

PG
25%

minor

6y 6m
NPP 3y

 

6y
NPP 4y

 

Total
9y 6m
NPP 6y

AD

Thriving drug trade selling small amounts to users – low in hierarchy – charges cover over 160 supplies over two months

Dysfunctional childhood – heroin addiction – remorse – good prospects of rehabilitation

Greer
(68)

[2015] NSWCCA 312

s.25A

 

 

s.25A methamphet

Approx 23g

 

 

 

Approx 1-2g on 9 occasions

VGSignificant - supply drugs

7y
NPP 4y

 

 

7y
NPP 3y

 

Total:
10y
NPP 6y

AA
7y
NPP 4y

 

7y
NPP 4y

 

Total
8y
NPP 5y

Two offences of ongoing supply during same period but of different drugs - heroin charge based upon 23 occasions of supply to two customers and undercover police officer - meth supplied to single customer on 9 occasions - substantially involved in business of drug dealing.

Age – health

Le

(56)

[2018] NSWCCA 199

s.25A

 

 

 

s.25A

 

Sched:

Supply drugs, Possess drugs

16.28g heroin

 

 

14.69 heroin / 306.99 methyl-amph.

PG

(25%)

Number of prior convictions – firearms – breached parole

7y

 

 

 

6y

NPP 5y 3m

 

 

Total

7y

NPP 5y 3m

AA

6y

NPP 4y 6m

 

6y 6m

NPP 4y 9m

 

Total

6y 10m

NPP 5y 1m

Offending spanned over a continuous period of around 2 months - pivotal role in organised and well-established network of drug supply – regular and only point of contact for operative -  role extended to attempt to recruit operative as a distributor of illicit drug - role not peripheral

Some remorse.

Last updated – 27.9.2018

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