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 | | PG | virtually 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 | | VG | breached 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.25A | total – 0.19g | PG | extensive criminal history including drug offences - on parole for drug offence | 4y
NPP 2y | AD | Supplied 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 amounts | PG | shoplifting - 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.25A | not stated | PG | long 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 | | PG | Drugs - 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 | PG | priors 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 amounts | VG | Record 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 | AD | Supplied to undercover police officer |
Bentley
(35) [2003] NSWCCA 360 | s.25A | 0.25g
0.27g
0.38g | VG | Limited | 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 | | PG | Substantial – 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 | PG | Priors for drug possession | 30m
NPP 15m | AD | Sold 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 | AD | Controlled 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 | VG | Significant - 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 |