Public Defenders
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Drugs - Amphetamine - Supply Less than 30 grams

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(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug
· s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15y



CaseOffenceAmountPleaSentenceAppealRecordFacts
McGrath
(34)
NSW CCA
20.4.1993
Supply26-7gPGMT 18m
AT 6m
ADrecog, stealing, supply (gaol)Deemed supply: drugs found on A.
Sabbah
(18)
NSW CCA
17.12.1993
Supply10.91gPGMT 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
56gPGMT 12m
AT 12m
ADincludes drugsAdmitted 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
9.7gPGMT 2y 3m
AT 9m
ADDeemed 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
21.75gPGMT 18m
AT 6m
ADextensiveno details
Woodger
(39)
NSW CCA
21.9.1995
supply6.95gVGMT 2y
AT 1y
AA
MT 12m
AT 6m
No evidence of pattern of supply.
BES, stealing, possessDrug found with $350. Claimed for own use.
Invalid pensioner. Drug user.
Smythe
NSW CCA
6.9.1996
supply7.28gVGMT 6m
AT 9m
ADnilFound 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)
PGMT 12m
AT 4m
ADdrugs, AR, robbery, dishonestyPolice 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
Supply25.11gVGMT 6m
AT 12m
ADno supply convictionsFemale 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
Supply3.1gPGMT 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
6.6gPGMT 9m
AT 18m
AA
3y GBB
(irrelevant and prejudicial material before SJ)
no relevant recordSupplied 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)
PG2y 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
Supply10.9gVGMT 26m
AT 9m
(+1m PSC)
ADprior drug offences - appeal bail at time of offenceFound 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
PG5y
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 supply2.83g
3.2g
30.52g
PG3y
NPP 2y
AA
2y 6m
NPP 18m
cultivation small number of plantsSupplied 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
Supply0.41gVG30m
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% purityGP2y 6m
NPP 18m
(cumulative to 6m for breach CSO)
AA
2y 6m
NPP 14m
consistent pattern of offendingFound 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
PG4y
NPP 2y
AA
3y
NPP 18m
minorFound 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
Supply14.9gPG18m
NPP 10m
ADdrugsAssisted 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 amountsPG6y 6m
NPP 4y
AA
5y
NPP 3y
Minor convictions for possessionFemale - 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
PG8y
NPP 6y 6m
AA
8y
NPP 6y
2nd offence committed on bail – Similar offencesFemale - 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
PG2y 9m
NPP 1y 9m
AA
18m
NPP 1y 1m 4d
(immediate release)
Minor – breached bondIsolated 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 periodPG2y
NPP 1y
ADNot statedFemale – 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%)VG16m
NPP 1y
AD – by majorityMinor; 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
Supply34.7g
(only 17g for supply)
PG12m
NPP 9m
(PD)
concurrent to existing sentence
Crown AA
20m
NPP 12m
(PD)
cumulative
Assault and drug offence - breached bondObtained 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 charge2y
NPP 13m
ADNilAddicted 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
1.3gPG2y 6m
NPP 12m
AA
2y
NPP 11m 7d
(immed release)
MinorAssisted primary offender in series of transactions
Evidence of rehabilitation from drug abuse
Ghossein
NSW CCA [108]
5.4.2006
Supply13.3gVG2y
NPP 18m
ADBESA 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
PGDrug offence:
3y
NPP 18m

Total:
3y 6m
NPP 2y
AA
Only to backdate sentence
Breached bail and bond for deemed supply offenceSupplied small amounts of crystal methylamphetamines to prostitutes over 2 months
Pearman
NSW CCA [342]
10.12.2007
Supply90.5g
(250 tablets)
PG2y
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
Supply19.28gVG6y
NPP 4y
AA
5y 5m
NPP 4y
(To correct statutory ratio only)
Drug offencesFemale - Supplied to others from home.
Vera
NSW CCA [33]
25.2.2008
Supply19.5gVG2y
NPP 6m
Crown ADDeemed 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
29.42gPGDrug offences:
4y
NPP 2y 6m

Total:
4y
NPP 3y 3m
ADSignificant – including drug offencesDrugs 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
PG3y 9m
NPP 2y 3m
AA
2y 9m
NPP 1y 10m
Long recordPart 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
PG2y 1m
NPP 1y 4m
ADNilFound 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
27.1gVG2y 6m
NPP 1y 10m
(concurrent sentences)
AA
20m
NPP 15m
Nil relevantDeemed supply 27.1g – found in freezer in home – drug user – low level seriousness – low purity
Good prospects of rehabilitation




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