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
Case
Offence
Amount
Plea
Sentence
Appeal
Record
Facts
Bera
(2001) 119 A Crim R 552
Knowingly take part in supply
Supply
1.885kg
PG
VG
7y
NPP 4y
Conviction AD
Drugs found in car driven by appellant. Involved in extensive drug manufacture and supply organisation (Kalache)
Spicer
(44)
NSW CCA [108]
23.4.2003
Supply
VG
4y
NPP 2y 6m
AA
3y
NPP 21m
one driving offence
Car 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 supply
Not stated
PG
2y
NPP 18m
(PD)
Crown AD
Nil
Few 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
PG
9y
NPP 6y
AD
Lengthy – breached bond and parole
Supplied 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
2.1kg
PG
11y
NPP 7y
AA
7y 9m
NPP 5y 2m
Breached bond
Supplied to co-offender from South Australia – not supplying on own behalf
Depression - parity
Ly
NSW CCA [262]
13.11.2008
Supply
Scehd:
3 offences
1101.22g
PG
12y
NPP 8y
AD
Priors
Offence 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
Supply
Over 40kg
VG
16y
NPP 12y
AD
Purchased drugs over many years for on selling
Poor prospects of rehabilitation – effect of incarceration on young child