| Case | Offence | Amount | Plea | Sentence | Appeal | Record | Facts |
McGrath
(34)
NSW CCA
20.4.1993 | Supply | 26-7g | PG | MT 18m
AT 6m | AD | recog, stealing, supply (gaol) | Deemed supply: drugs found on A. |
Sabbah
(18)
NSW CCA
17.12.1993 | Supply | 10.91g | PG | MT 1y 6m
AT 6m | AA
MT 1y
AT 1y | on recog, supply, possess, GIC, (no gaol) | Drugs found on A and in car by police. Admitted selling capsules for someone else, and had sold 20-25 tablets.
Good prospects of rehab. |
Decandia
(28)
NSW CCA
8.7.1994 | Supply
Sched:
2 x possess | 56g | PG | MT 12m
AT 12m | AD | includes drugs | Admitted involvement from the start. Supplied drugs four times over several weeks. Did not make a profit.
Long history of drug abuse. |
Morrissey
NSW CCA
15.7.1994 | Supply
Sched:
5 x minor drug offences | 9.7g | PG | MT 2y 3m
AT 9m | AD |  | Deemed supply. Equipment found in home relating to supply. SJ found A “in a commercial sense, involved as a supplier”.
Not a drug user. |
Sneddon
NSW CCA
12.10.1994 | Supply
Sched:
possess cannabis | 21.75g | PG | MT 18m
AT 6m | AD | extensive | no details |
Woodger
(39)
NSW CCA
21.9.1995 | supply | 6.95g | VG | MT 2y
AT 1y | AA
MT 12m
AT 6m
No evidence of pattern of supply. | BES, stealing, possess | Drug found with $350. Claimed for own use.
Invalid pensioner. Drug user. |
Smythe
NSW CCA
6.9.1996 | supply | 7.28g | VG | MT 6m
AT 9m | AD | nil | Found in house with equipment for supply.
Young woman. Good subjectives. |
CFR
(45)
NSW CCA
30.10.1996 | 2 x supply
Sched:
Supply amphet | 18g
(Form 2: 11g) | PG | MT 12m
AT 4m | AD | drugs, AR, robbery, dishonesty | Police arranged to purchase 2g amphetamine from A. Amphetamine later found on A and in house with equipment associated with supply. Form 2 offence occurred two months later.
Discount for assistance |
Brown
(38)
NSW CCA [349]
25.10.1999 | Supply | 25.11g | VG | MT 6m
AT 12m | AD | no supply convictions | Female found in possession of drug. Equipment associated with supply found at house.
Dependent daughter with minimal family support. Suffering hepatitis. |
Mason
NSW CCA [82]
22.3.2000 | Supply | 3.1g | PG | MT 3y
AT 1y
(cumulative to earlier assault sentence) | AA
MT 12m
AT 6m |  | Actual supply to undercover agent of 3.1g methylamphetamine. Supply not isolated transaction but part of ongoing business. Small cog in sophisticated dealing operation.
Drug addiction. |
Davidson
NSW CCA [393]
21.6.2000 | 2 x Supply
Sched:
Possess cannabis
Firearm offence | 6.6g | PG | MT 9m
AT 18m | AA
3y GBB
(irrelevant and prejudicial material before SJ) | no relevant record | Supplied to police operative and discussed further supply.
Suffering medical condition. |
Atkin
NSW CCA [54]
20.2.2001 | 4 x supply
Sched:
3 cannabis off | 10.3g (2% pure)
2.5g (15% pure) | PG | 2y 6m
NPP 12m
(concurr to existing sentence) | Crown AD
(manifestly inadequate but about to be released) |  | Found by police in possession of methylamphetamine and equipment used for sale. While on bail sold small amounts of methylamphetamine to police officer on 3 consecutive days.
Concurrency means will only serve 40 days |
Donnelly
NSW CCA [203]
9.5.2001 | Supply | 10.9g | VG | MT 26m
AT 9m
(+1m PSC) | AD | prior drug offences - appeal bail at time of offence | Found in possession of drug and equipment for supply. |
Brown
NSW CCA [367]
12.9.2001 | Supply x 2
Sched:
2 x possession | 27.5g
22.8g | PG | 5y
NPP 3y | AA
4y
NPP 2y. | drugs, property. | On two occasions police found drugs in vehicle. Aged 42. Addict. Strong subjective features. Rehabilitation. Not previously imprisoned. |
Groat
(39)
NSW CCA [452]
17.10.2001 | 3 x supply | 2.83g
3.2g
30.52g | PG | 3y
NPP 2y | AA
2y 6m
NPP 18m | cultivation small number of plants | Supplied to undercover police officer. Larger amount of drugs found in possession.
Erred in treating criminal record as aggravating factor. |
Shaw
NSW CCA [498]
21.11.2001 | Supply | 0.41g | VG | 30m
NPP 22.5m | AA
2y
NPP 12m |  | Small time dealer in amphetamines - Only dealt with in District Court because part of larger indictment at trial - Not isolated incident of dealing but erroneously dealt with as if representative of continuous dealing
Medical condition |
Maarbani
NSW CCA [509]
13.12.2001 | Supply
Sched:
7 offences | 9.5g at 2.5% purity | GP | 2y 6m
NPP 18m
(cumulative to 6m for breach CSO) | AA
2y 6m
NPP 14m | consistent pattern of offending | Found in possession of drugs - offences taken into account include cultivation and drive manner dangerous
Manifestation of epilepsy subsequent to sentencing justifies reduction in sentence. |
Holden
(23)
NSW CCA [397]
27.9.2002 | Supply
Sched:
2 x possess cannabis
GIC | 42.9g methyl
23.5g cannabis
6.8g resin | PG | 4y
NPP 2y | AA
3y
NPP 18m | minor | Found in possession of drugs at premises- Small time supplier - Maintaining drug habit
Judge erred in finding supplier to significant degree - Failure to reflect guilty plea |
Nastoski
NSW CCA [528]
20.12.2002 | Supply | 14.9g | PG | 18m
NPP 10m | AD | drugs | Assisted another person in drug supply business - Supplied 100 tablets.
Late plea. |
Dineen
(38)
NSW CCA [193]
14.7.2003 | 6 x Supply
Sched:
9 x supply | Various small amounts | PG | 6y 6m
NPP 4y | AA
5y
NPP 3y | Minor convictions for possession | Female - Involved in sale of drugs in busy and thriving business from house |
Roby
(54)
NSW CCA [242]
19.8.2003 | 2 x Supply
Sched:
3 offences | 21.32g
19.68g | PG | 8y
NPP 6y 6m | AA
8y
NPP 6y | 2nd offence committed on bail – Similar offences | Female - Drugs found in house on first occasion and again three months later – Active drug dealer
Mitigating subjective features |
Maessen
NSW CCA [160]
15.3.2004 | 3 x Supply
Sched:
3 minor offences | .74g
1.11g
.48g | PG | 2y 9m
NPP 1y 9m | AA
18m
NPP 1y 1m 4d
(immediate release) | Minor – breached bond | Isolated incidents – Could have been dealt with summarily – Objective seriousness of offending very low – Failure to give proper discount for utilitarian aspect of guilty plea |
Bradley
NSW CCA [88]
6.4.2004 | Supply
Sched: Supply drug, 3 x possess drug | 1g per day over two month period | PG | 2y
NPP 1y | AD | Not stated | Female – drugs found in home – Admissions to police re supplying amphetamine on regular basis over two month period, selling 1 gram per day on behalf of another person to finance purchase of cannabis for her own use - Earned $2000 to $5000 per week for the person supplying her with drug. |
Moss
(31)
NSW CCA [422]
2.12.2004 | Supply | 5.7g (21.5%) | VG | 16m
NPP 1y | AD – by majority | Minor; some drugs; | Found by police in possession of drugs
Female – fresh evidence of pregnancy – baby will live with mother for term of custodial sentence – mother to three other children |
Payne
(34)
NSW CCA [84]
5.4.2005 | Supply | 34.7g
(only 17g for supply) | PG | 12m
NPP 9m
(PD)
concurrent to existing sentence | Crown AA
20m
NPP 12m
(PD)
cumulative | Assault and drug offence - breached bond | Obtained drug to share with partner – drug addicts – no commercial element |
Schumacher
(32)
NSWCCA [335]
22.9.2005 | Supply
Sched
Drive disq |  | VG - offer to PG to lesser charge | 2y
NPP 13m | AD | Nil | Addicted to amphetamines and began supplying to fund personal use and drug debts - not commercial enterprise
Delay –offer to plea guilty not expressly taken into account - Two children with co-offender (currently in jail) – positive urine tests while on Griffiths remand |
Radisich
(36)
NSW CCA [52]
3.3.2006 | Supply
Sched:
4 offences | 1.3g | PG | 2y 6m
NPP 12m | AA
2y
NPP 11m 7d
(immed release) | Minor | Assisted primary offender in series of transactions
Evidence of rehabilitation from drug abuse |
Ghossein
NSW CCA [108]
5.4.2006 | Supply | 13.3g | VG | 2y
NPP 18m | AD | BES | A searched at police station – released upon finding no drugs – police found condom behind station containing drugs - DNA tests revealed condom had been in A’s possession .
Drug addiction. Supportive family. |
Young
NSW CCA [114]
26.4.2007 | Supply
Breach GBB
Sched:
Possess M |  | PG | Drug offence:
3y
NPP 18m
Total:
3y 6m
NPP 2y | AA
Only to backdate sentence | Breached bail and bond for deemed supply offence | Supplied small amounts of crystal methylamphetamines to prostitutes over 2 months |
Pearman
NSW CCA [342]
10.12.2007 | Supply | 90.5g
(250 tablets) | PG | 2y
NPP 14m | AA
1y 2m
NPP 10m |  | While at girlfriend’s house, C (girlfriend’s brother) telephoned that T would arrive with drugs for delivery to C – A offered to take drugs in his bag – girlfriend drove A in her car to C’s house – intercepted by police who were conducting surveillance of T and C.
Incidental role – not involved for commercial gain – participation emerged from coincidental presence. |
Cummings
NSW CCA [347]
4.12.2007 | Supply | 19.28g | VG | 6y
NPP 4y | AA
5y 5m
NPP 4y
(To correct statutory ratio only) | Drug offences | Female - Supplied to others from home. |
Vera
NSW CCA [33]
25.2.2008 | Supply | 19.5g | VG | 2y
NPP 6m | Crown AD |  | Deemed supply – heavy drug user – jury not satisfied all drug found at house for personal use only
Significant evidence of rehabilitation |
Huynh
(29)
NSW CCA [216]
22.9.2008 | Supply
9 x Proceeds of Crime offences | 29.42g | PG | Drug offences:
4y
NPP 2y 6m
Total:
4y
NPP 3y 3m | AD | Significant – including drug offences | Drugs found in house with supply paraphernalia – supplied to friends and self use – below mid-range – proceeds of crime offences related to $3.5m over 4 months – very favourable factual findings
Vitenamese |
Stanton
(42)
NSW CCA [326]
17.12.2008 | Supply methylamphet
2 x Knowingly take part in supply methylamphet
Knowingly take part in supply ecstasy
Sched:
2 x supply | 38.58g M
2.27g E | PG | 3y 9m
NPP 2y 3m | AA
2y 9m
NPP 1y 10m | Long record | Part of drug distribution – facilitator – Sold to undercover police operatives over I month – well above street dealing
Drug addict – aboriginal – care of three children – ill mother - parity |
Reid
(34)
NSW CCA [37]
25.2.2009 | Supply ecstasy
Supply methylamphet
Supply Ice
Knowingly take part in supply Base
Sched:
5 offences | 1 tabs (4.99g)
3.31g
0.1-2g
0.08g | PG | 2y 1m
NPP 1y 4m | AD | Nil | Found in car weighing drugs – intended to supply to passenger – other drugs fond in car – admitted supplying ice – lower end of network
Drug addition – depression – good prospects of rehabilitation – voluntary disclosures – assistance – remorse |
Scott
(29)
NSW CCA [103]
25.5.2010 | Supply
s.166 Offences:
3 minor drug offences | 27.1g | VG | 2y 6m
NPP 1y 10m
(concurrent sentences) | AA
20m
NPP 15m | Nil relevant | Deemed supply 27.1g – found in freezer in home – drug user – low level seriousness – low purity
Good prospects of rehabilitation |