Public Defenders
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Drugs - Amphetamine / Methylamphetamine - multiple supply: s.25A

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


    · 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



    CaseDrugAmountPleaPriorsSentenceAppealFacts
    Smiroldo
    (23)
    (2000) 112 A Crim R 47
    s.25A.37g
    .49g
    .86g
    26.7g
    PGnil drugsMT 2y 6m
    AT 2y
    AD
    Factors to consider include quantity supplied and magnitude of business.
    Engaged in small scale but systematic business of supplying drugs from garage. Usually sold small amounts but prepared to sell larger amounts if required.
    Addicted to drugs and some attempt at rehabilitation.
    Bacon
    (26)
    (2000) 120 a Crim R 28
    s.25A13.53g
    27.6g
    27.4g
    PGprior convictions including drugsMT 2y
    AT 1y
    + 3m PSC
    (cumulative to 6m sentence for assault)
    AA
    3y
    NPP 18m
    Sold amphetamine to undercover police officer on three separate occasions during one month period. Drug of very low purity.
    Ceased involvement voluntarily prior to arrest.
    Handley
    NSW CCA [311]
    15.8.2001
    s.25APGinsignificant3y 1m
    NPP 18m
    ADAdmitted to supplying amphetamines on regular basis over 18months - Related offences taken into account on sentence - Offence committed to partly support habit and partly for profit.
    Some rehabilitation - bravery award - hardship to spouse and children
    Hofer
    (47)
    NSW CCA [544]
    14.12.2001
    s.25A

    Sched:
    Possess cannabis (62g)
    15.5gPGprior drug conviction - first imprisonment - on recog at time of offence5y
    NPP 3y
    AA
    4y
    NPP 2y 4m
    Supplied to undercover police officer - cannabis found at home - had been selling drugs from service station he owned fro some time - business failing
    Had voluntarily given up supply prior to arrest
    McArthur
    NSW CCA [390]
    25.9.2002
    s.25A

    Sched:
    Possess cannabis
    0.9 - 1g on each occasionPGminor record14m
    NPP 7m
    AA
    10m
    NPP 5m 20d
    (to expire immediately)
    Female - Sold drugs to undercover police officer on four occasions - Assisting ill friend.
    Contrition - Sole responsibility for 4 children - Voluntary work - Good work record - Fresh evidence of hardship to children and custody issues
    Fogg
    (54)
    NSW CCA [395]
    27.9.2002
    s.25A26.24g (1.5% purity)PGdrugs, property, violence4y 4m
    NPP 3y
    AA
    3y 6m
    NPP 2y 3m
    Sold drugs to undercover police officer on six occasions over three week period.
    Sentences excessive.
    Jolevski
    NSW CCA [472]
    2.12.2002
    s.25A

    Sched:
    possess prohibited drug
    8.37gPGnil18m GBB (s.9)
    Fine $3,000
    Crown ADSupplied drugs to undercover officer - Never supplied to any other person - Involved because of pressure from operative
    Impressive character evidence - Genuine remorse - Affect on career - Immature and impulsive - Exceptional case
    Connell
    (50)
    NSW CCA [90]
    25.3.2003
    s.25A

    Sched:
    related offences
    3 x 3.5g
    55g
    PGproperty, dishonesty, drugs (no supply), driving4y
    NPP 2y 6m
    ADSupplied drugs to undercover police officer - motivated by greed
    Meres
    NSW CCA [193]
    14.7.2003
    s.25A

    Sched:
    4 related offences
    PGBad record for possession, violence, driving, dishonesty4y 9m
    NPP 3y
    (+6m PSC)
    ADInvolved in thriving and busy operation from house close to school.
    Kamminga
    (49)
    NSW CCA [337]
    20.11.2003
    s.25A8.1g
    7.4g
    6.6g
    PGNothing until aged 46 – drug offences6y
    NPP 3y
    AA
    3y
    NPP 2y
    Supplied to undercover police officer – other drug related behaviour observed
    Suffering chronic affective disorder seriously affecting lifestyle and financial situation
    Camplin
    (45)
    NSW CCA [29]
    24.2.2004
    s.25A



    s.25(1)

    Sched:
    4 offences
    1g
    0.5g
    1g

    0.5g
    PGPrior offences – no imprisonment – breached bond2y 8m
    NPP 2y


    FT 10m

    Total:
    3y 6m
    NPP 2y 10m
    AA
    2y 8m
    NPP 1y 9m

    FT 10m

    Total:
    3y 6m
    NPP 2y 7m
    Sold drugs from caravan park to undercover police officer – sold small bags of ice totalling 0.5g to same officer
    Appeal allowed on basis of effect of accumulation on ratio
    Frazer
    NSW CCA 111
    15.4.2004
    s.25A

    Sched:
    6 offences
    OngoingVG5y
    NPP 3y
    ADJoint criminal enterprise to supply methylamphetamine on an ongoing basis.
    Grbin
    (38)
    NSW CCA [220]
    29.6.2004
    s.25A

    Sched:
    5 drugs offences
    1.19g
    1.11g
    1.70g
    PGOld record2y 8m
    NPP 2y
    AA
    2y 8m
    NPP 1y
    Security guard at gate of army barracks supplied to undercover police officer – Indicated could provide other drugs
    Evidence of good character – Married with three children – Psychological problems suffered by youngest son constitute exceptional circumstances
    Nasr
    (23)
    NSW CCA [441]
    8.12.2004
    s.25A


    s.25(1) (methylamphet)


    s.25(1) (cannabis)
    PGMinor offences – breached community service order and good behaviour bond3y
    NPP 20m

    3y
    NPP 20m


    18m

    All concurrent
    All periodic detention
    Crown AA
    2y 3m
    NPP 12m

    2y 3m
    NPP 12m

    12m

    Concurrent
    Involved in drug dealing business with co-offenders selling small amounts of drugs through runners – not a leading member but aware of all elements of operation
    Genuine remorse – rehabilitation – 4m pre-sentence custody
    Cheikh
    (25)



    Hoete
    (26)

    NSW CCA [448]
    16.12.2004
    4 x s.25A

    Sched:
    5 x s.25A

    4 x s.25A

    Sched:
    16 supply offences
    PG




    PG
    Not serious




    No prior custody
    8y
    NPP 5y



    6y
    NPP 3y 6m
    Crown AA
    15y
    NPP 10y 2m


    Crown AA
    8y
    NPP 5y
    C managed drug syndicate supplying over 7 months – H a runner
    Thorburn
    (20s)
    NSWCCA [71]
    1.3.2005
    s.25A4.8gPG12m
    NPP 3m
    Crown AD6 sales to undercover police office – drug dealing equipment found at premises
    Acquired brain impairment – ADHD – alcohol and drug abuse – undergone D & A counselling
    Nimmo (23)
    NSWCCA [295]
    29.8.2005
    s.25A63.48g (85% pure)PGRecord - breach of bond - no prior custody3y 4m
    NPP 2y 6m
    AD11 separate sales worth $30,000 – no further facts
    Good work history – strong family and community support – drug problems
    Majzoub
    (24)
    NSW CCA [128]
    21.4.2006
    s.25A1.2gPGPriors included drug offences4y
    NPP 2y
    ADSupplied to undercover police officer
    Drug addiction
    Murphy
    (30)
    NSW CCA [417]
    21.12.2006
    s.25A

    Sched:
    9 offences
    Small amountsPGMinor2y
    NPP 15m
    (originally suspended – suspension revoked after appeal)
    Crown AD
    AD
    Female – involved in drug dealing with male co-offender – lesser offender
    Addict as a result of injuries in car accident – remorse – good character evidence – sentence breached by continued use of drugs and failure to report
    Reed
    NSW CCA [4]
    22.1.2007
    s.25A9.13gPG2y
    NPP 12m
    PD
    AA
    18m
    NPP 6m
    PD
    Female with infant child – 91 days pre-sentence custody – 6 months rehabilitation centre
    Shaaban
    NSW CCA [115]
    18.4.2007
    s.25A

    Sched:
    6 offences
    PG4y
    NPP 2y
    ADSupplied methylamphetamine and ecstasy
    Addiction
    Osman
    (18)
    NSW CCA [157]
    14.7.2008
    4 x s.25APGDrug offences – breached bond15y
    NPP 9y
    ADInvolved in drug syndicate selling methylamphetamines over 7 months – Supplied drugs to street dealers
    Problems with eyes
    Lozanovski
    (23)
    NSW CCA [123]
    29.4.2009
    s.25A900 tablets (126.8gm)PGNil3y 9m
    NPP 2y 3m
    AA
    3y
    NPP 1y 9m
    Supplied to undercover officer during two-week period – mid-level supply – supporting own drug addiction – prepared to supply as a wholesaler to wholesalers as well as a retailer
    Parity – serious drug addiction.



    CaseOffenceAmountPleaPriorsSentenceAppeal
      Facts
    Martin
    NSWDC [258]
    Cogswell SC DCJ
    9.10.2007
    s.25A0.2g
    0.2g
    0.4g
    3.5
    7g
    14g
    PGMinor traffic3y 4m
    NPP 1y 8m
      Supplied to undercover police – modest operation – small scale street operation
      Drug addict – promise to give evidence – protective custody – good prospects of rehabiltation
    Foord
    (52)
    NSWDC [256]
    Berman SC DCJ
    22.5.2009
    s.25ASmall amountsPGRecord including supply of drugs3y
    NPP 18m
      Supplies to undercover police officer part of regular supply to support addiction – ceased dealing prior to arrest
      At times lived law abiding lifestyle – drug abuse triggered by stresses – good prospects of rehabilitation – to be released on parole to Odyssey House










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