Public Defenders
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Drugs - Cocaine - Import 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.233B(1)(b) Customs Act 1901 (Cth) - import prohibited drug
    · s.235(2)(c) Customs Act 1901 (Cth) - maximum penalty life (commercial amount)
    · Commercial amount: 2kg



    CaseOffenceAmountPleaRecordSentenceAppealFacts
    Pereira
    (25)
    (1991) 57 A Crim R 46
    Import
    Possess trafficable qty cocaine
    6.094kg
    1.422kg
    PGnil10y
    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
    Import3.387kg.VG8y 6m
    NPP 5y 6m
    ADColombian.
    Warfield
    (41)
    (1994) 73 A Crim R 516
    Conspiracy to import4.378kgPG
    (SI)
    nil7y
    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 importation4.009kgVG12y
    NPP 6y 9m
    Conviction ADFound secreted in luggage at airport. Higher than courier but lower than principal.
    Barsky
    NSW CCA
    12.12.1997
    Import3.133kg (pure)PG10y
    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
    Import2.0451kg (pure)PGnil12y
    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
    Import3.01kg (pure)PG12y
    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
    Import8.347kg (pure)VGnil14y
    NPP 8y
    Crown ADSent 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
    Import2.79 kg (pure)PG7y
    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 import4 kg (approx)PG10y
    NPP 5y
    ADImported 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 import50 kg (proposed importation)Gnil5y
    NPP 2y 6m
    ADFemale - 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
    Import2.435kg (pure)PG5y
    NPP 3y
    ADFemale 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
    Import171.2793kg (pure)PG10y
    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 importation3.5739kg (pure)VG11y
    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 import50kgPG7y
    NPP 4y 6m
    ADFemale - 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
    Import2.96kg (pure)PG8y
    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 importation383.4kgPGoffence committed while escaped from custody - drug offences13y
    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)
    PGnil15y
    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 import4kgVGlengthy12y
    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 importation172.2kg (pure)VGLife
    NPP 22y
    ADFemale - Involved in importation of drugs in yacht. Mid level executive.
    Flavel
    NSW CCA [227]
    8.6.2001

    Co-offender:
    MEGGETT
    GONZALEZ-BETES
    VAQUERE
    Import172.2kg (pure)VGLife
    NPP 25y
    ADInvolved in importation of drugs through yacht. Mid level executive.
    Salgado-Silva
    NSW CCA [423]
    28.9.2001

    Co-Accused: CORDERO-VIDAL
    Import8.105kg (pure)PG
    (at close of Crown case)
    nil17y
    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
    Import8.105kg (pure)VG16y
    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
    50kgVG



    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)
    PGnil6y
    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 importation17.4927kg (pure)VGnil relevant19y 8m
    NPP 12y 4m
    ADArranged 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 importation2.9691kg (pure)PGnil15y
    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 importation380kg
    (pure)
    VG24y
    NPP 16y

    Life
    NPP 25y

    Life
    NPP 25y

    24y
    NPP 16y
    ADLargest 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 importation171.2kg (pure)VGLife
    NPP 24y
    ADCocaine sailed in by boat – Principal’s representative in Australia – middle level executive – worst case category
    Anderson
    NSW CCA [317]
    17.9.2004
    Knowingly concerned importation7.5kg (pure)VG14y
    NPP 8y
    AD20 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
    Otto
    (27)
    (2005) 157 A Crim R 525
    NSW CCA
    Import

    Possess false passport
    2.1368kg (pure)PGNil14y
    NPP 8y 6m
    (1y concurrent)
    AA
    10y 6m
    NPP 7y
    Imported drug from South America secreted in corset – South African citizen agreed to importation for money – believed drug probably cocaine – carried false Irish passport
    Danson
    (30)
    NSW CCA [343]
    30.9.2005
    Aid and abet import

    Supply comm cocaine
    Supply comm ecstasy
    3.7131kg


    345.2 grams
    294.8 grams
    PGnilImport:
    12y
    NPP 7y 3m
    Supply:
    4y
    NPP 3y

    Total:
    13y
    NPP 8y 3m
    ADDrugs imported into Australia from Argentina by courier hidden in lining of suitcases – involved in high level – financier
    Drug addict - remorse




    POST REPEAL s.16G

    CaseOffenceAmountPleaRecordSentenceAppealFacts
    Vasquez-Felipe
    NSW CCA [411]
    19.12.2006
    Aid and abet3.7kg (pure)PGNot stated12y 6m
    NPP 8y 3m
    ADInvolved in importing cocaine from Peru in purpose built hard sided suitcases – syndicate from Argentina – actual drug imported by co-offender
    Assistance
    Thompson
    (46)
    NSW CCA [83]
    30.3.2007

    Co-accused: BARTLE
    DIEZ
    FRY
    ROBERTI
    BATEMAN
    Knowingly involved383.443kg (pure)PGPriors for importation – breached parole20y 6m
    NPP 13y
    ADHighly organised scheme – cocaine sailed from Colombia to NZ – transferred to yacht and sailed to Australia – Accused involved in purchasing and sailing yacht to Australia – significant role
    Convicted at original 7m trial – pleaded guilty after successful conviction appeal
    Tyler
    (32)


    Chalmers
    (40)

    NSW CCA [247]
    15.8.2007
    Conspiracy to import


    Conspiracy to import
    Supply cocaine
    20-30 kgPG



    VG
    Nil



    Nil
    9y
    NPP 5y 6m


    5y 6m
    NPP 3y 6m
    (12m)
    AA
    7y 6m
    NPP 8y

    Crown AA
    12y
    NPP 8y
    Involved in plan to import cocaine from South America using corrupt baggage handlers – arrangement cancelled when unable to obtain drugs and threatened exposure of baggage handlers
    T – courier – travelled to Argentina with money – to bring in drugs in baggage – addict - assistance
    C – arranged purchase of tickets – assistance - depression
    Cornwell
    NSW CCA [59]
    8.4.2010
    Conspiracy to import120kgVG24y
    NPP 14y 6m
    ADConspired to import drugs on boat from Colombia – drugs concealed in whaler on boat – organised Australian arm of venture – to be involved in distribution of drugs - drugs deposited by boat off coast of Queensland to be picked up by Australia arm
    Principal role



    Criminal Code

    CaseOffenceAmountPleaRecordSentenceAppealFacts
    J Anderson
    (68)

    M Anderson
    (30)

    NSWDC
    Flannery SC DCJ
    27.11.2008




    J Anderson
    NSW CCA [130]
    23.6.2010
    Conspiracy to import

    Conspiracy to import
    20kg (pure)VG


    PG
    Lengthy


    Nil
    18y
    NPP 11y

    10y
    NPP 6y
    J Anderson: ADCocaine found attached to hull of two boats three months apart – J travelled to Panama to purchase cocaine – both men involved in retrieving container from hull of ship on first occasion – M only involved in first shipment of 14.4kg - J involved in second shipment also – closer to middle level of criminality than upper level
    J – father – primary participant in conspiracy in Australia – poor health
    M – son – lesser criminality – unaware of amount involved – no financial gain – involved out of loyalty to father - early manifestations of paranoid schizophrenia at time of offence – remorse

    J Anderson CCA Appeal – no lesser sentence warranted in law.
    Nguyen
    (42)








    Pham
    (32)

    NSW CCA [238]
    22.10.2010
    Import cocaine
    Import methamphet

    Sched:
    2 x Att possess comm qty (cocaine and methamphet)

    Attempt poss

    Sched:
    Attempt possess comm qty methamphet
    27.1535kg - C
    13.04kg - M
    (pure)
    PG









    PG
    Total:
    14y 6m
    NPP 9y 6m







    11y
    NPP 7y
    Crown AA
    Total:
    18y
    NPP 12y






    Crown AA
    15y
    NPP 10y
    Cousins – drugs imported from Canada concealed in foot spa units – controlled delivery
    N – involved in setting up business and subsequently arranging to pick and store spa units, removed drugs from units and helped deliver to third person – not a principal but significant role in organisation – financial reward
    P – female – significant role liaising with people in Canada and unpacking drugs once they arrived in Australia



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