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Drugs - Amphetamine / Methylamphetamine - Supply 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.25(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply commercial quantity prohibited drug
· s.33 Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20y
· Commercial quantity - 250g


CaseOffenceAmountPleaSentenceAppealRecordFacts
Gudge
(38)





Brown
(female)
(33)
NSW CCA
3.4.1995
Supply

Sched:
3 x supply methyl-amphet

Knowingly take part in supply

Sched:
3 x supply methyl-amphet
448g






448g
PG






PG
MT 6y
AT 2y





MT 4y 6m
AT 1y 6m
AA
MT 4y
AT 2y




MT 2y 6m
AT 2y
prior convictions but no gaol





possess heroin - no gaol
On arrest found to be in possession of 448g amphetamine. Previously supplied 7.6g, 1g and 7.5g to police operative, and entered into negotiations for supply of 450g.
Langdon
NSW CCA
18.11.1996
5 x supply less than comm quantity
2 x supply comm quantity
100.4g
59.5g
173g
103.3g
1pd
1pd
PGMT 3y
AT 2y
ADtreated as going to gaol for first timeAmphetamines supplied for total of $42,700.
Suffering from diabetes; hard working person; good prospects of rehabilitation; element of entrapment.
Atkinson
(41)
NSW CCA
9.5.1997
Supply

Sched:
supply comm cannabis
PGMT 3y
AT 12m
AD
no merit in parity argument
record for serious offences - subject to bail and recog at time of offencesActual role of A unclear but not much more than a “useful fetcher and carrier”.
Heard
(59)
NSW CCA [107]
5.4.2000
Supply583g (6.9% purity)PGMT 3y
AT 4y
AA
(parity)
MT 2y 2m
AT 2y 10m
lengthy record including gaol term for AR - no drug offencesFound in car in possession of two bags of speed. Part of Kalache organisation.
Motivated by desperate financial situation.
Poor health - good support - remorse - age - hardship in custody
Watt
(48)
NSW CCA [37]
22.3.2000
Knowingly take part in supply400gVGMT 2y 6m
AT 1y 6m
ADincludes supply drugCo-offender supplied drugs to undercover police officer on four occasions on behalf of A. Low purity of drug suggesting unsophisticated operation.
Father of three children - good work history.
Virgin
(44)
NSW CCA [307]
21.8.2000
Supply

Sched:
4 x off
376.8g PGMT 3y 9m
AT 1y 3m
AA
3y
NPP 2y 3m
appalling criminal recordA found in possession of methylamphetamines and 14.1g cannabis leaf. Stole drugs from supplier. Intoxicated at time of offences. Objective criminality at lower end of continuum.
Assistance to police
George
(60)
NSW CCA [419]
11.10.2002
Knowingly take part in supply

Sched:
2 x knowingly take part in supply comm qty
850.4g


2,900 tablets
662g
PG4y
NPP 3y
ADminor record except for bribe public officialInvolved in supplying drugs to courier sent from Perth with money - More than mere courier
Poor health
Kitchener
(47)
NSW CCA [134]
13.5.2003
Supply traff
Supply comm
224g
280g
PG8y
NPP 6y
AA only to adjust starting datesSexual offences and supply amphetamine offence – breached paroleSupplied to undercover operative on two occasions
Excellent prison records – Wife suffering ill health – 2 teenage boys – Financial stress
Fursey
NSW CCA [44]
23.2.2004
2 x Supply comm.

Sched: Possess firearm x 3
PG4y
NPP 3y
Crown ADFacts not stated
Shi
(19)
NSW CCA [135]
11.5.2004
Supply

Sched:
Possess false driver’s licence
992.2g (pure)PG4y
NPP 2y
Crown AA
6y
NPP 3y
NilFound in possession of drugs – carrying drugs as favour for friend – to receive smaller amount to feed drug addiction and removal of debt
Prior good character – Remorse – Earliest guilty plea – good prospects of rehabilitation
Blair
NSWCCA [78]
11.3.2005
Supply371.3gVG13y 4m
NPP 10y
AA
7y
NPP 5y 3m
No drug offencesDrugs in freezer for 3 months but claimed ignorance as to content – claimed kept on behalf of friend – Low culpability
Health issues – low purity of drug in lower part of range.
Barkho
(26)
NSWCCA [211]
9.6.2005
Supply

Sched:
Possess
623 gPG6y
NPP 4y
(backdated 6½ months)
AA
5y 3m
NPP 3y 6m
One – possessionSale to undercover operative
Assyrian background - some employment – supportive family – heavy marijuana use
Mendez
(22)
NSW CCA [246]
22.7.2005
Supply478.8g
(84% pure)
VG4y
NPP 3y
Crown AA
8y
NPP 5y 6m
NilFound in possession of methylamphetamine – more than courier – Involved in number of aspects of drug business
Prospects of rehabilitation – Drug addiction
Hockey
NSW CCA [146]
8.5.2006
Supply comm.
Supply indictable
Approx 560g over 2 weeksPG3y 6m
NPP 2y
ADFemale – regular supplier – addiction – some element of commercial dealing
Confession of unknown guilt – suffering depression and PTSD
Sauer
NSW CCA [81]
27.3.2006
Supply

Sched:
Supply ecstasy
321.4g M
87 tabs E
PG6y
NPP 4y
ADIntermediate step in distribution of drug into community – High grade drug
Mulato
NSW CCA [282]
11.9.2006
Supply

Sched:
Supply ecstasy
520.1gPG9y 7m 5d
NPP 6y
AA
8y
NPP 5y
Minor – not relevant.Drugs discovered by resort staff – Police contacted – Appellant observed to collect drugs – Apprehended and further drugs found in possession – Admitted drugs were for supply to club patrons in Western Sydney area.
Remorse – good rehabilitation prospects.
Do
NSW CCA [34]
28.2.2008
Supply497.4gPG7y
NPP 4y
AA
6y 6m
NPP 3y 6m
Nil relevantOffence committed after 1.2.2003
Under surveillance, supplied drugs to T who supplied to undercover operative.
Appeal allowed on parity ground.
Martinelli
NSW CCA [175]
23.6.2009
Supply

Sched:
Supply drug; Possess drug
PG10y 6m
NPP 7y
ADKeeper of gaming house; drug supplyOffence committed after 1.2.2003
Operated drug supply business with brother between October 2006 and September 2007 - supplied to street users and other suppliers - extremely active, extensive and sophisticated business – use of complex phone arrangements to avoid detection - mid to higher level drug supplier – supply for profit.




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