Public Defenders
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Drugs - Amphetamine - Manufacture Commercial Quantity

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


· s.24(2) Drug Misuse and Trafficking Act 1985 (NSW) - manufacture commercial quantity
· s.33(2) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y
· Commercial quantity - 250g



CaseOffenceAmountPleaOriginal SentenceAppealRecordFacts
Price
NSW CCA
29.4.1998
Conspiracy to manufactureVGMT 2y
AT 5y
AA
MT 2y
AT 1y 9m
(PSC 2y 3m)
No facts - failed to discount total sentence when taking into account pre-sentence custody.
Arikan
(41)
NSW CCA [331]
20.10.1999
Knowingly take part in manufacturePG18m PDCrown ADnilInvolved in Kalache organisation. Assisted in manufacture of two quantities of drugs. Motivated by friendship for co-offender and small amount of cannabis. Minor role only.
Suffering from depression. Strong subjective case.
Campbell
(39)
NSW CCA [332]
20.10.1999
ManufacturePGMT 18m
AT 6m
ADprior convictionsInvolved with Kalache. Obtained 13,740 boxes of Sudafed tablets to be used in manufacture of drugs. Assisted in opening packets and aware Sudafed would be used for manufacture of amphetamines.
Involvement at lower end of scale.
Elfar
(2000) 115 A Crim R 64
Knowingly take part in manufactureNo established amountVGMT 2y 4m
AT 2y 6m
ADInvolved in ordering equipment for manufacture - commercial quantity based on quantity of ingredients seized by police.
Jaouhar
(17)
NSW CCA [266]
15.9.2003
Knowingly concerned in manufacture

Sched:
Supply 3.5g
Agree to supply
Street value $1mPG6y
NPP 3y
ADBreached bond for aggravated robberyActive participant in production process
Hansel
(60)
NSW CCA [436]
6.12.2004
2 x Knowingly take part in manufactureNo established amountPG12m
NPP 9m
Wholly suspended
Crown ADPriors for drug offences, inc supplyLarge scale production of amphetamines in house – 3 co-offenders
Court dismissed appeal in exercise of discretion - Very poor health – ongoing treatment required.
Diesing
(38)

Ackland
(38)

NSW CCA [326]
27.11.2007
Conspiracy to manufactureNot statedPG



PG
10y 6m
NPP 7y 6m


10y
NPP 7y
AA
8y 9m
NPP 6y 6m

AA
8y 5m
NPP 6y
Drug offences – breached parole

Nil relevant
Involved in large scale operation to manufacture methylamphetamines – interstate operation over 5 months – financial gain
D – cook – involved in obtaining ingredients and establishing manufacturing process
A – primary link between interstate conspirators
Lin
NSW CCA [368]
21.12.2007
Knowingly concerned in manufacture0.26gPG8y
NPP 6y
AA
6y
NPP 4y
NilRole of labourer / aider and abetter – Cooffenders manufactured drugs from residential premises - Assisted cooffenders with general tasks.
Appeal allowed on parity ground.

District Court Cases

CaseOffenceAmountPleaOriginal SentenceAppealRecordFacts
Veronese
(49)
NSWDC [241]
Conlon SC DCJ
15.2.2007
Knowingly take partPG5y
NPP 2y 6m
No significant recordOffence committed after 1.2.2003
Allowed premises to be used for manufacture – to receive $2000 in rent
Good character
Lin
NSWDC [143]
Berman SC DCJ
24.11.2006

NSW CCA [368]
21.12.2007
Knowingly take part in manufacture

Sched:
Possess cocaine
PG8y
NPP 6y
AA
6y
NPP 4y
NilRole of labourer / aider and abetter – Co offenders manufactured drugs from residential premises - Assisted co offenders with general tasks.
Appeal allowed on parity ground.






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