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Drugs - Cannabis - Supply Less than 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(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug less than commercial amount
    · s.32(1)(h) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 10y (where plant or leaf)
    · Commercial Amount: leaf - 25 kg; plant - 250



    CaseOffenceAmountPleaPriorsOriginalAppealFacts
    Vermuelen
    NSW CCA
    30.3.1994
    Supply leaf2.4kg
    ($16,000)
    VGminor matters: no traffickingMT 15m
    AT 5m
    ADDrug found in car when breath tested. Also had bags used for distribution.
    Cannabis user, reasonable prospects of rehabilitation
    Gillett
    (21)
    NSW CCA
    8.7.1994
    Supply leaf330.5gPGpoor
    fined for possess 3 weeks prior
    MT 6m
    AT 18m
    AA
    MT 5m
    AT 12m
    Often purchased drug and supplied to friends for no payment.
    Neurological problems due to car accident and assault. Problem with drugs and alcohol.
    McWilliams
    (49)
    NSW CCA
    1.8.1994
    Supply leaf

    Sched:
    3 x supply cannabis
    various: on one occas 1kgVGpossess cannabis
    committed on recog
    MT 18
    AT 6m
    ADTaped telephone conversation agreeing to supply on various occasions.
    Edmondson
    NSW CCA
    2.8.1994
    Supply leaf1660 gVGcannabis offences
    on bond for cannabis cultivate
    500hrs CSOCrown AD
    Unduly lenient but exercised discretion
    Drug found in house.
    Extremely heavy user. Evidence of rehabilitation, including abstaining from cannabis and purchasing and operating a bakery.
    Nestoroski
    (34)
    NSW CCA
    4.10.1994
    2 x supply leaf

    Sched:
    4 offences
    433g ($4,200)
    2.2 kg ($21,000)
    PGnil18m PD
    3y GBB
    Crown AD
    unduly lenient but court exercised discretion
    Supplied to u/cover police officer. Middleman in supply of cannabis.
    Good subjectives.
    Iskander
    NSW CCA
    26.10.1994
    Supply leaf1516.3gVG250h CSOConviction ADPlants and leaf found at house.
    Ortiz
    NSW CCA
    3.11.1994
    Supply leaf

    Sched:
    2 offences
    3.6424kg
    ($133,000)
    PG4 x summary offences200h CSOCrown AD
    unduly lenient but court exercised discretion
    Drugs found in home wrapped in bags, with other equipment.
    Severely addicted.
    Abernethy
    (47)
    NSW CCA
    6.12.1994
    Knowingly take part in supply leafVGsupplyMT 3y
    AT 1y
    ADCannabis and various equipment found at A’s house. Engaged in large scale commercial operation.
    Deboer
    NSW CCA
    7.12.1994
    Supply leaf
    Supply cannabis

    Sched:
    Possess unlicenced firearm
    not statedPGMT 3y
    AT 1y
    AA
    MT 12m
    AT 12m
    Little facts.
    Police Officer. Psychiatric evidence of personality disorder. Crown conceded sentence excessive.
    Regan
    NSW CCA
    30.3.1995
    2 x Supply leafActual: 421.5g
    Offer: 15kg
    PGrobberies
    of good behaviour for several years
    6m PD
    3y GBB
    Crown AA
    FT 6m
    (+2m PSC)
    Cannabis sold to under cover police for $4,800. Negotiations on 15kg agreement broke down.
    Not a matter of mitigation even if talk of supplying 15kg was huff and puff
    Green
    NSW CCA
    4.8.1995
    Supply leaf482.9gVGdrugsMT 9m
    AT 3m
    ADDeemed supply.
    Long term chronic user of heroin.
    Sokvari
    NSW CCA
    22.5.1996
    Supply leaf1018.2gVGMT 18m
    AT 12m
    ADObserved by police supplying. In search of house police found drug in 5 plastic bags.
    Appeal based on assault in gaol after sentence.
    Velardi
    NSW CCA
    24.5.1996
    Knowingly take part in supply leafVGMT 4y 5m 7d
    AT 18m
    ADInvolved with son in supply to undercover police
    Pont
    NSW CCA
    29.5.1996
    2 x Supply leaf3.2kg
    2.4kg
    PGMT 2y 6m
    AT18m
    AD
    upper end of scale
    3.2 kg found in car - attempting to sell it door to door. 2.4kg found at house. Absence of normal indicia of long-term trafficking. Not dealt with as person engaged in long term dealing.
    Johns
    NSW CCA
    22.8.1996
    Supply leaf

    Sched:
    2 offences
    $48,000-$100,000PGdrugs, on recog at time of offenceMT 10m
    AT 10m
    (one third discount for assistance)
    ADFemale - Drugs found in house in plastic bags. Street level drug trafficker. Admitted supplying 8oz per week for last 3-6 months.
    Joseph




    Wright
    (female)

    NSW CCA
    16.12.1996
    Supply leaf

    Sched:
    Supply amphet

    Supply leaf

    Sched:
    Supply amphet
    a few poundsPGMinor and old




    Long history, including gaol
    MT 18m
    AT 6m



    MT 18m
    AT 6m
    AA
    MT 15m
    AT 5m
    (parity)

    AD
    Listening devices recorded transactions. Difficult to ascertain amounts.
    Garvie
    (40)
    NSW CCA
    24.3.1997
    Supply leaf14.14kgPGpriors including minor drugs5y GBBCrown AA
    MT 12m
    AT 5m
    Drugs found in car ready for supply. Admitted taking drug to Sydney to find buyer.
    Back injury and family in South Australia.
    On appeal: appropriate sentence would be total two and a half to three years.
    O’Brien
    NSW CCA
    7.4.1997
    Supply leaf

    Sched:
    4 offences
    6.6gVGdrugs but no prisonMT 1y
    AT 1y
    MT 11m
    AT 12m
    (parity)
    Involved in dealing with co-offender. Police found heads and seeds at house.
    Heffernan
    NSW CCA
    8.4.1997
    Supply leaf1.8kgMT 15m
    AT 15m
    ADSupplied undercover police officer. SJ found A had made threat to officer.
    Although SJ should not have taken threat into account, sentence appropriate.
    Dematre
    (23)
    NSW CCA
    16.5.1997
    Supply leaf946gVGBES: CSO and bondFT 6mAA
    12m PD
    Found in car after police chase.
    Good character evidence.
    On appeal argued parity with co-offender.
    Bradshaw
    (35)
    NSW CCA
    4.8.1997
    3 x Supply cannabis1kg
    1oz
    1oz
    VGnil drugMT 12m
    AT 4m
    ADDrugs and equipment found at house. Told police he had bought 3pd and sold two 1oz amounts.
    Committed for financial gain.
    Heavy user of cannabis for long time..
    Doctor
    NSW CCA
    20.5.1998
    Supply leaf

    Sched:
    GIC ($15,000)
    12 lbsPG300hrs CSOCrown AA
    18m PD.
    Involvement on the periphery. Transported drugs from SA to NSW
    CSO completed
    Warner
    (53)
    NSW CCA
    2.12.1998
    Supply leaf

    Sched:
    4 offences
    3.493kg - $90 000 street valuePGnilFT 12mADSupplied cannabis only to friends. Not for profit.
    Suffers from depression and has suicidal tendencies; received death threats in gaol; serving sentence on protection.
    Shepherd
    NSW CCA [162]
    11.6.1999
    SupplyPGnilMT 9m
    AT 1y
    ADAmount not stated but could have been dealt with in Local Court. Role of ‘go-between’.
    Prior good character. Good subjective features. Fully employed.
    Hewitt
    NSW CCA [264]
    18.8.1999
    Supply leaf

    Sched:
    3 offences
    445gPGnilMT 12m
    AT 12m
    ADDrugs found during search of house. Total value of drugs - $22,620.
    AMD
    (40)
    (1999) 107 A Crim R 518
    2 x Supply leaf446g
    9061g
    PGDrugs, firearms3y PDCrown ADSupplied leaf receiving $3600. Supplied more after agreeing to sale for $60,000.
    Employed, stable domestic relationship with children, ongoing assistance to authorities involving large number of offenders.
    Taylor
    NSW CCA [309]
    27.9.1999
    Supply leaf3.15kgVGMT 9m
    AT 18m
    Conviction ADArrived from Adelaide with cannabis in luggage.
    Elomar
    NSW CCA [459]
    21.2.2000
    Supply cannabis

    Sched:
    6 offences
    359.3gPG23 prior convictions - some serious.
    Offence committed on parole
    MT 9m
    AT 1y 9m
    AA
    MT 9m
    AT 1y 3m
    Cannabis found at appellant’s home.
    Lennan
    (28)
    NSW CCA [17]
    12.2.2001
    2 x Supply cannabis leaf5,783g
    671.5g
    PGnil3y
    NPP 12m
    ADSold cannabis more than 70 times over one month period. Police found second amount of cannabis in shed during search.
    Hagopian
    (29)
    NSW CCA [149]
    26.3.2001
    Supply leaf

    Sched:
    2 offences
    657.9gPGprior conviction for similar offence2y 8m
    NPP 2y
    ADObserved by police to supply cannabis. Found in possession of amphetamines and $1188. Caller to applicant’s mobile phone sought to arrange another supply - not an isolated offence.
    Teuma
    (27)
    NSW CCA [369]
    20.9.2001
    Supply

    Sched:
    2 offences
    10kgPGtreated as first offender3y
    NPP 1y
    ADFound in possession of 10kg of cannabis heads - admitted involvement in supply.
    Saldaneri
    NSW CCA [480]
    19.11.2001
    Supply cannabis5017.5gmPGdrugs, property20m
    NPP 15m
    ADDrugs found during police search of A’s premises.
    Canino
    (40)
    NSW CCA [76]
    8.3.20002
    Knowingly take part in supply17.3kgPG2y suspendedCrown AA
    2y
    NPP 9m
    Involved in bring drugs from SA to NSW to fill order - Significant role
    SPAROS
    (18)
    NSW CCA [52]
    12.3.2002
    Supply cannabis leaf

    Sched:
    2 offences
    13 x 1ozPGrecognisance for AOABH12m suspended
    $3,500 fine
    Crown AA
    FT 1y
    $3,500 fine
    Received drugs from supplier and on-selling them.
    39days PSC - Rehabilitation
    Lyberopoulos
    NSW CCA [280]
    24.7.2002
    Supply leaf4.930kgVGfraud and dishonesty2y
    NPP 12m
    ADDrugs found in car - commercial venture.
    Ramaz
    (22)
    NSW CCA [91]
    4.4.2003
    13 x supply leaf

    Sched:
    3 offences
    1-12: small amounts
    13: 1.723g
    PGon bail for similar offence18m
    NPP 8m 17d
    Crown AA
    2y 2m
    NPP 14m
    Over 3 months sold small amounts of cannabis to 80 customers per day - Major drug dealing business
    Previous good character - Difficult childhood - Prospects of rehabilitation - Importance of personal deterrence
    A Girard

    T Girard

    NSW CCA [170]
    12.5.2004
    Supply cannabisApprox 8kgPGInsignificant

    Nil
    3y
    NPP 18m
    ADHusband and wife heavily involved in large scale supply of cannabis leaf to users and suppliers – Equal liability
    Evidence of good character – Three young daughters
    Livas
    NSW CCA [54]
    10.3.2006
    Supply cannabis2.26kgPG6mAA
    6m – suspended
    Agreed to collect drugs for $500 payment – one off supply – deemed supply – lower end of scale
    Carer for parents



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