| Case | Offence | Amount | Plea | Record | Sentence | Appeal | Facts |
Pereira
(25)
(1991) 57 A Crim R 46 | Import
Possess trafficable qty cocaine | 6.094kg
1.422kg | PG | nil | 10y
NPP 6y
(concurrent sentences) | Crown AA
13y
NPP 8y 6m | Principal who had actively recruited others.
Excellent prospects of rehabilitation. |
Luckier
(68)
NSW CCA
26.3.1993 | Import | 3.387kg. | VG |  | 8y 6m
NPP 5y 6m | AD | Colombian. |
Warfield
(41)
(1994) 73 A Crim R 516 | Conspiracy to import | 4.378kg | PG
(SI) | nil | 7y
NPP 4y 6m | Crown AA
9y
NPP 6y | Arranged for collection of consignment and store it until further orders. To receive $50,000. More than mere courier.
In secure employment with no indication of financial need. |
Saade
NSW CCA
27.9.1996 | Knowingly involved in importation | 4.009kg | VG | | 12y
NPP 6y 9m | Conviction AD | Found secreted in luggage at airport. Higher than courier but lower than principal. |
Barsky
NSW CCA
12.12.1997 | Import | 3.133kg (pure) | PG | | 10y
NPP 7y 6m | AA
10y
NPP 6y | Cocaine in windsurfer. Participated in controlled delivery from airport. More than mere courier. To receive $40,000 for involvement.
Reduction for assistance. |
Bernier
(47)
(1998) 102 A Crim R 44 | Import | 2.0451kg (pure) | PG | nil | 12y
7y 6m NPP | AA
9y
5y 6m NPP | Found at airport with drugs attached to body. Drug user in Canada. Importing drug to pay off debt to bikie gang. He and wife threatened. Sentenced as a courier who will not re-offend. |
Jiminez
NSWCCA [7]
24.2.1999 | Import | 3.01kg (pure) | PG | | 12y
NPP 6y 8m | AA
9y
NPP 6y | Imported drugs in unaccompanied suitcase.
Refugee, previously incarcerated in Nicaragua without trial for 9 years . Assistance to authorities. Medical condition, good prospects of rehabilitation. |
Spiteri
(47)
NSW CCA [3]
24.2.1999 | Import | 8.347kg (pure) | VG | nil | 14y
NPP 8y | Crown AD | Sent horse carriage and ramp from Nicaragua to Australia containing cocaine. More culpable than courier - probably a partner in enterprise.
Not driven to crime by need, association or duress. |
Whitney
(56)
NSW CCA [38]
5.3.1999 | Import | 2.79 kg (pure) | PG | | 7y
NPP 4y 6m | AA
6y
NPP 3y 9m
(parity) | Baggage found to contain drugs. Acted as courier for $30,000.
US citizen. Significant assistance to authorities leading to risk of danger to appellant and family. |
Stead
NSW CCA [41]
12.3.1999 | Conspiracy to import | 4 kg (approx) | PG | | 10y
NPP 5y | AD | Imported cocaine in computers with co-offenders. Difficult to classify role - not dealer, main organiser or financier. |
Diaz
(22)
NSW CCA [123]
14.5.1999
Co-accused: SAAVEDRA
REARDON
MICHAELS
TAYLOR | Conspiracy to import | 50 kg (proposed importation) | G | nil | 5y
NPP 2y 6m | AD | Female - Conspired with 6 others to import 50kg. Ceased to be conspirator one week prior to arrest. Provided assistance interpreting conversations for organisers.
High order of assistance. |
Bellorini
Ruiz
NSW CCA [50]
7.3.2000 | Import
Possess comm qty cocaine
Import | 4kg
4kg
4kg | PG
PG | nil
nil | 9y
NPP 6y
7y 9m
NPP 4y 9m | AA
8y
NPP 5y
AD | 2 females - Four offenders brought 4kg cocaine each from America in backpacks. R arrested at airport. B arrested at hotel room with co-offender and his cocaine.
Not isolated importation, motivated by greed, hardship of being incarcerated in foreign country
R - mother of young children, co-operated with police. |
Koert
(29)
NSW CCA [21]
18.2.2000 | Import | 2.435kg (pure) | PG | | 5y
NPP 3y | AD | Female brought drugs in from Chile. Co-operated with police for 5 days. Seeking to raise money to return to children she left in South Africa when husband’s threat to kill her forced her to leave. Courier. |
Guzman
Henao
(55)
NSW CCA [261]
20.4.2000
Co-accused: UZABEAGA | Knowingly concerned in importation comm. qty
Knowingly concerned in importation traff qty
Knowingly concerned in importation comm. qty
Knowingly concerned in importation traff qty
Sched:
Possess proceeds of crime | 2.635kg
1.249kg
2.635kg
1.249kg | PG
PG | no priors
prior drug offence | 12y 6m
NPP 9y 6m
FT 7y
(concurrent)
17y 6m
NPP 13y 6m
FT 8y
(concurrent) | AA
12y 6m
NPP 7y 6m
17y 6m
NPP 12y | Husband and wife took delivery of packages containing cocaine. Both principals - husband head of drug syndicate in Australia.
Appeal allowed on basis Judge erred in setting non parole period at 75% head sentence. |
Meggett
(25)
(1999) 107 A Crim R 257
(Wood CJ at CL)
Co-offender: GONZALEZ-BETES
FLAVEL
VAQUERE | Import | 171.2793kg (pure) | PG | | 10y
NPP 6y | | Sailed boat containing cocaine from Cuba. No knowledge of amount. More than courier but less than mid-level executive.
Prior good character - favourable prospects of success - good assistance to police. |
Romero-Cepeda
NSW CCA [229]
9.6.2000
Co-offender: TORO-MARTINEZ | Knowingly concerned in importation | 3.5739kg (pure) | VG | | 11y
NPP 6y 6m | AD
(no parity issue) | Controlled delivery of cocaine set in plastic folders to various addresses in Australia from Colombia. Chemist sent to Australia to extract cocaine from plastic folders - high criminality. |
Saavedra
NSW CCA [234]
9.6.2000
Co-accused: DIAZ
REARDON
MICHAELS
TAYLOR | Conspiracy to import | 50kg | PG | | 7y
NPP 4y 6m | AD | Female - Plan to import drug in wine failed when unable to obtain cocaine from South America. Made contact with persons in South America who could supply drug.
Assistance to authorities. |
Aussem
NSW CCA [220]
9.6.2000 | Import | 2.96kg (pure) | PG | | 8y
NPP 2y 6m | Crown AA
6y
NPP 3y | Arrested at airport carrying drugs.
Substantial assistance to authorities resulting in personal risk. 50% reduction in NPP.
Health problems. |
Bateman
(43)
NSW S.Ct [915]
James J
18.9.2000
Co-accused: BARTLE
DIEZ
FRY
ROBERTI | Knowingly concerned in importation | 383.4kg | PG | offence committed while escaped from custody - drug offences | 13y
NPP 8y 6m | | Involved in arranging importation through yacht. Cocaine valued at over $62million. Offence involved elaborate planning, many participants and large expenditure. Important organising role but below mid-level executive.
50% discount for all subjective features including extensive assistance. |
Uzabeaga
(2000) 119 A Crim R 452
Co-accused: HEAO
GUZMAN | Knowingly concerned in importation comm. qty
Knowingly concerned in importation traff qty
Sched:
Possess proceeds of crime | 2.6354kg (pure)
1.249kg (pure) | PG | nil | 15y
NPP 11y 6m
FT 6y
(concurrent) | AA
12y 6m
NPP 7y 6m | Arranged customs clearance and collection of two consignments of cocaine concealed in satellite equipment. Role greater than courier.
Assistance to authorities; delay. |
Richards
(2002) 133 A Crim R 14 | Conspiracy to import | 4kg | VG | lengthy | 12y
NPP 8y | AA
9y
NPP 6y
(Parity) | Involved in conspiracy to import cocaine from America - principal role as financier and organiser. |
Gonzalez-Betes
NSW CCA [226]
8.6.2001
Co-offender:
MEGGETT
FLAVEL
VAQUERE | Knowingly concerned in importation | 172.2kg (pure) | VG | | Life
NPP 22y | AD | Female - Involved in importation of drugs in yacht. Mid level executive. |
Flavel
NSW CCA [227]
8.6.2001
Co-offender:
MEGGETT
GONZALEZ-BETES
VAQUERE | Import | 172.2kg (pure) | VG | | Life
NPP 25y | AD | Involved in importation of drugs through yacht. Mid level executive. |
Salgado-Silva
NSW CCA [423]
28.9.2001
Co-Accused: CORDERO-VIDAL | Import | 8.105kg (pure) | PG
(at close of Crown case) | nil | 17y
NPP 13y | AA
17y
NPP 11y 4m | A and co-accused arrived at Sydney Airport posing as cameramen to do work for NBC on Olympic Games. Drugs located inside camera equipment. Middle man - more than courier
Assistance to authorities |
Cordero-Vidal
(2002) 128 A Crim R 543
Co-Accused: SALGADO- SILVA | Import | 8.105kg (pure) | VG | | 16y
NPP 11y | AA
16y
NPP 10y 8m | Assisted co-offender to bring in cocaine in video camera battery belts. |
Reardon
(49)
Michaels
Taylor
(55)
NSW CCA [203]
4.6.2002
Co-offenders
DIAZ
SAAVEDRA | Conspiracy to import
Conspiracy to import
Conspiracy to import | 50kg | VG
VG
VG | Petty criminal - old AR offence
On parole for drug offence
Long history including drug offences | 17y 11m
NPP 14y
20y
NPP 16y
12y
NPP 10y | AA
17y 11m
NPP 12y
18y
NPP 13y
12y
NPP 8y | Conspiracy to import drugs from Chile using wine importing business
R - a principal - organiser - Prospects of rehabilitation - Carer for disabled wife, 15y stepson and younger disabled son
M - made arrangements for supply of cocaine from Chile - Prospects of rehabilitation
T - Lesser involvement - physical and mental illness |
Zuluaga-Gomez
(40)
NSW CCA [358]
4.9.2002 | Import trafficable
Import commercial | 1.153kg (pure)
9.0166kg (pure) | PG | nil | 6y
9y
(cumulative)
Total:
15y
NPP 9y 9m | AA
5y
7y
(cumulative)
Total:
12y
NPP 8y | Paid man to receive two packages containing reels of audiotape from Ecuador - Contained cocaine - Subsequently received package of batteries containing larger amount - Significant involvement - more than mere courier
Financial gain - Family in Colombia - Assistance |
Mazzitelli
(29)
NSW CCA [436]
31.10.2002 | Knowingly concerned in importation | 17.4927kg (pure) | VG | nil relevant | 19y 8m
NPP 12y 4m | AD | Arranged with brother in law to have steam cleaning machine imported through company - Involved in arranging delivery of machine and payment - More than courier
Motivated by greed |
Mascaro-Varillas
(27)
NSW CCA [524]
23.12.2002 | Knowingly involved in importation | 2.9691kg (pure) | PG | nil | 15y
NPP 11y | AA
15y
NPP 10y | Co-offender arrived in Sydney from Buenos Aires - cocaine found strapped to his body - Estimated street value $406,000 - $528,580 - Co-offender recruited by applicant in Chile to take drugs to Sydney - Applicant arrested following undercover police operation in US. |
Bartle
Diez
Fry
Roberti
NSW CCA [329]
3.12.2003
Co-accused:
BATEMAN | Knowingly concerned importation | 380kg
(pure) | VG | | 24y
NPP 16y
Life
NPP 25y
Life
NPP 25y
24y
NPP 16y | AD | Largest cocaine seizure in Australia - Vessel brought in from New Zealand to a rendezvous in the Pacific Ocean carrying 380kg cocaine - Arrangements made with suppliers in Central America - Drugs transhipped and brought to Patonga where seized.
Diez – principal organiser – previous conviction for like offence
Fry – principal organiser – criminal history |
Campillo Vaquere
NSW CCA [271]
13.8.2004
Co-offenders:
GONZALEZ-BETES
FLAVEL
MEGGETT | Knowingly concerned in importation | 171.2kg (pure) | VG | | Life
NPP 24y | AD | Cocaine sailed in by boat – Principal’s representative in Australia – middle level executive – worst case category |
Anderson
NSW CCA [317]
17.9.2004 | Knowingly concerned importation | 7.5kg (pure) | VG | | 14y
NPP 8y | AD | 20 packages brought in on flight from LA with 3 co-offenders – no error in following CCA judgment of Wong and Leung before the HCA had handed down its decision – proper consideration given to subjective features |
