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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 - Pseudoephedrine - Supply Ephedrine

 Drug Misuse and Trafficking Act 1985

s.25(2) Supply Commercial Quantity Prohibited Drug

Maximum penalty (s.33)       20 years (commercial quantity)
                                               Life (large commercial quantity)

Commercial Quantity            1.25kg

Large Commercial Qty           5 kg

SNPP Commercial Qty           10y

SNPP Large Commercial Qty 15y

Case
(age if known)

OffenceAmountPleaPriorsSentenceAppealFacts

Chu

(59)

[2016] NSWDC 324 (Berman SC DCJ)

 

 

 

Co-offender:

WAT

Supply lge comm 156.53kg

PG

(25%)

Nil

10y

NPP 7y

 

SNPP: 15 Years

Part of syndicate importing ephedrine into Australia to be on-supplied – with co-offender rented storage unit – completed storer's details section of agreement – in charge of making sure drugs arrived safely - promised payment of $10,000 - lesser role that co-offender although more than a mere labourer

Financial gain to support family

Wat

(65)

[2017] NSWCCA 62

 

 

 

 

 

 

Co-offender:

CHU

Supply lge comm 218,764.5g

PG

(25%)

Nil

15y

NPP 10y

AA

12y

NPP 9y

SNPP: 15 Years

Part of syndicate importing ephedrine into Australia to be on-supplied - travelled from Hong Kong - registered  company that received consignment of pots imported from China containing drugs – kept at storage unit which offender and co-offender attended daily – role as senior executive vital to scheme - planning and financial gain - sophisticated, well-organised operation, conducted by transnational crime syndicate – offered equivalent of AU$50,000

Financially motivated - good character - unlikely to re-offend - good prospects of rehabilitation

CCA - parity with co-offender

Huang

(28)

[2017] NSWCCA 312

Supply lge comm14.935kg

PG

(25%)

Modest

10y

NPP 7y

AA

7y 6m

NPP 5y 3m

SNPP: 15 Years

Met with undercover officer on several occasions to arrange supply – actual drugs produced – offending involved planning and sophistication – to receive little financial gain

Became involved because of drug addiction – remorse – citizen of China

Lin

(24)

[2018] NSWCCA 13

Supply lge comm14.94kg

PG

(25%)

 

8y

NPP 5y

AA

6y

NPP 4y 1m

SNPP: 15 Years

With 3 co-offenders supplied to undercover police officer - supply took place in two stages - 5kgs followed by further 10kgs in backpack a few minutes later – drugs vehicle provided by offender – offender involved only in latter transaction – low level role

Drug abuse.

Last Updated: 11/1/2018