Public Defenders
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Drugs - Amphetamine / Methylamphetamine - Supply Large Commercial Quantity


· 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 life imprisonment
· Large Commercial quantity – 1kg

CaseOffenceAmountPleaSentenceAppealRecordFacts
Bera
(2001) 119 A Crim R 552
Knowingly take part in supply
Supply
1.885kgPG

VG
7y
NPP 4y
Conviction ADDrugs found in car driven by appellant. Involved in extensive drug manufacture and supply organisation (Kalache)
Spicer
(44)
NSW CCA [108]
23.4.2003
SupplyVG4y
NPP 2y 6m
AA
3y
NPP 21m
one driving offenceCar stopped and found in possession of equipment and chemicals and liquid amphetamines - Deemed supply – Conviction for manufacture quashed on appeal
Mother, wife and daughter suffering serious medical conditions and unable to cope alone - Family in poverty - exceptional circumstances
Wardini
NSW CCA [249]
5.9.2003
Aid, abet, counsel, procure, solicit and incite supplyNot statedPG2y
NPP 18m
(PD)
Crown ADNilFew facts - Strong subjective features – Pressured into offence to discharge considerable business debts – Did not initiate offence – Good character evidence – Real remorse – Inordinate and inexcusable delay
Hejazi
(32)
NSW CCA [383]
3.12.2003
Supply comm. qty
Supply lge comm. qty

Sched:
5 x supply
Supply comm. qty
274.9g
1347.6g
PG9y
NPP 6y
ADLengthy – breached bond and paroleSupplied to undercover police officers – in business of supply
Heroin addict – protection – reasonable prospects of rehabilitation – No parity
Hamieh
(24)
NSW CCA [277]
21.9.2007
Supply

Sched
One offence
2.1kgPG11y
NPP 7y
AA
7y 9m
NPP 5y 2m
Breached bondSupplied to co-offender from South Australia – not supplying on own behalf
Depression - parity
Ly
NSW CCA [262]
13.11.2008
Supply

Scehd:
3 offences
1101.22gPG12y
NPP 8y
ADPriorsOffence committed after 1.2.2003
Found in possession of money, many mobile phones, supply paraphernalia and drugs – admitted supplying for money – mid-range seriousness
Vigo
NSW CCA [98]
6.4.2009
SupplyOver 40kgVG16y
NPP 12y
ADPurchased drugs over many years for on selling
Poor prospects of rehabilitation – effect of incarceration on young child




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