| Case | Offence | Amount | Plea | Record | Sentence | Appeal | Facts |
Chase
NSW CCA
19.10.1990 | Knowingly concerned in import | 762g (pure) | VG | nil | FT 8y | AD | More than courier, if not principal. Recruited two accomplices.
American national – would be deported at end of sentence |
Montenegro
(26)
NSW CCA
15.2.1991 | Import | over 1.5kg (pure) | PG | nil | FT 4y 9m | AA
6y
3y 6m | Courier. US national.
Assistance to authorities. |
Kogelbauer
(31)
(1992) 65 A Crim R 357 | Import | 269g (pure) | PG | minor | 8y 6m
NPP 6y | AD
“Sentence towards top of the range”. | Purchased drugs in Amsterdam intending to sell in Australia. Heavily addicted to cocaine. Not part of an organisation: working alone.
Admitted importation at airport. Good subjective features. |
Raz
NSW CCA
17.12.1992
Co-offender: LEFF | Import | Approx 1.25kg (pure) – see Leff (1996) 86 A Crim R 212 | PG |  | 7y
NPP 5y 4m | AA
4y 9m
NPP 3y 6m | Imported cocaine strapped to body. Was to deliver cocaine then wait for money to exchange into $US. Assisted in preparing and packing drugs. Regarded as more than a mere courier.
Considerable and valuable assistance. |
Arabi
(39)
NSW CCA 23.4.1993 | Import | 736g (pure) | PG | nil | 8y
NPP 6y | AD | Need not greed |
Moreno
NSW CCA
4.11.1994 | Import | 341g (pure) | PG | | 10y
NPP 6y | AD | Arrested at airport with drugs internally concealed. No assistance. |
Jelks
(36)
NSW CCA
1.12.1995 | Import | 404g (pure) | PG | nil | 8y 6m
NPP 5y | AD | Courier from US. |
Moreno
NSW CCA
26.6.1996 | Import | 294g (pure) | PG | nil | 6y
NPP 4y | AD
(middle of appropriate range) | Arrested at airport importing drugs internally from Colombia. Offers of assistance worthless.
Naive with intelligence at lower range. Used by others. Genuinely contrite. |
Stenovich
(24)
NSW CCA
27.11.1996 | Import | 390g (pure) | PG | | 9y
NPP 6y | AA
8y
NPP 5y | Arrested at airport. Courier. Minimal assistance. Previously visited Australia on reconnaissance mission.
American national – Parity |
Leff
(56)
(1996) 86 A Crim R 212
Co-offender:
RAZ | 2 x Knowingly concerned in import | 1.25kg (pure)
1.25kg (pure) | VG | nil | 13y 4m
NPP 8y 6m | AD | Involved in America at level close to full principal. Criminality little less than K.
Female offender with seriously ill husband in America. No family support in Australia. |
Lopez-Alonso
(1996) 86 A Crim R 270 | Import | 1.6kg (pure) | VG | nil | 9y
NPP 6y | AD | Courier.
Argentinean national |
Abdulhadi
NSW CCA
3.10.1997 | Import | 964.4g (pure) | PG | | 5y
NPP 3y | AD | Co-offender brought in cocaine in scuba tank - Controlled delivery to appellant - Recruited courier to act on behalf of another
Assistance to authorities |
Tapasa
NSW CCA
31.10.1997 | Import | 723.6g (pure) | PG | nil | 8y
NPP 4y 6m | AD | Accompanied co-offender, both carrying drugs - Courier. |
Faneite
(61)
NSW CCA
1.5.1998
Co-accused: BARRIENTOS | Import
Knowingly concerned in import | 834g (pure)
719g (pure) | PG | nil | 6y 6m
NPP 4y | AD | A and wife imported cocaine in shoes. Expected to receive $10,000. Participated in controlled delivery, and two people arrested. |
Smith
(22)
NSW CCA
20.8.1998 | Import | 444.3g (pure) | PG | nil | 3y 6m
NPP 2y
(assistance) | AD | Cocaine found in two bags. Financial gain only.
Issue on appeal was parity only.
Female from America. |
Barrientos
NSW CCA [1]
10.2.1999
Co-accused:
FANEITE | Knowingly concerned in importation | 1553.6g (pure) | VG | nil | 8y
NPP 4y 8m | AA
7y 6m
NPP 4y 8m | Controlled delivery of shoes containing cocaine. Just above courier.
Failure to give discount for assistance and to take into account prior good character. Venezuelan. |
Crowdey
(39)
NSW CCA [24]
5.3.1999 | Knowingly concerned in import | See facts | PG | | 2y 6m
NPP 1y 6m | Crown AA
4y
NPP 2y 6m | Police seized 37.9g cocaine following controlled delivery to A. Principal local distributor to established small network of users. Made personal profit. Received 10 envelopes over 15 months. Total value over $100,000.
Under powerful influence of co-offender. Psychiatric condition. |
Blanco
(22)
(1999) 106 A Crim R 303 | Knowingly concerned in import | 341.2g | PG | minor | 12y
NPP 8y | AA
10y 6m
NPP 7y
(delay in charging) | Well above courier - Recruited co-offender to bring in drugs from Bolivia. |
Ocampo- Campuzano
NSW CCA [179]
2.7.1999 | Import | 844.6g (pure) | PG | not stated | 8y
NPP 5y | AD | Courier. Drugs found in bottom of suitcase.
Colombian citizen. Family overseas threatened by principal. |
Cajuires
(52)
NSW CCA [282]
10.9.1999 | Import | 712.49g (pure) | PG | nil | 8y 6m
NPP 6y 6m | AA
7y
NPP 4y 6m | Courier. Drugs found in lining of backpack. Guatemalan living in USA. |
Acosta
(55)
NSW CCA [334]
22.10.1999 | Import | 1.879kg | VG | nil | 8y
NPP 6y | AA
8y
NPP 5y | Courier. Arrived from Argentina with liquor bottle filled with cocaine.
Financial troubles - supporting wife and five children. Colombian. |
Quansah
(31)
NSW CCA [64]
31.3.2000 | Import | 643.7g (pure) | PG | | 4y 8m
NPP 2y 6m | Crown AA
6y
NPP 4y | Drugs found in wooden statue. Judge rejected claim drugs for personal use but accepted drug addiction. Dealt with as principal - organised purchase of drugs in South America and intended to use some cocaine and sell the rest. |
Toro-Martinez
(2000) 114 A Crim R 522 | Knowingly concerned in import | 655.2g | PG | no priors | 3y 6m
NPP 2y | Crown AA
6y
NPP 3y | Became involved late in importation. Involved in meetings and assisted chemist employed to extract cocaine. Assistance not vital to offence. |
Contreras-Ortiz
NSW CCA [328]
11.8.2000 | Knowingly concerned in import | 930g (pure) | VG | | 15y
NPP 11y | AD | Received cocaine hidden in projector sent from Buenos Aries. Relatively senior level of involvement. |
DLH
(52)
NSW CCA [376]
1.9.2000 | Knowingly concerned in import | 1.153.4g (pure) | PG | nil | 4y
NPP 12m | Crown AD | Cocaine imported as paste in audio tape reels - Package addressed to respondent’s business - To receive $12,000 - Low in criminal hierarchy.
Full admissions - Assisted in subsequent controlled delivery - Long standing drug addiction - Poor health - Suicide attempt - Depression |
Ceissman
(20)
(2001) 119 A Crim R 535 | Knowingly concerned in import | 344.4g (pure) | PG | not unfavourable | 3y
NPP 18m | Crown AA
4y 6m
NPP 2y 9m | Received drugs inside teddy bear posted overseas. Paid $50 to receive and hold on to packages until collection and remit money to US. Not isolated offence.
Deprived background - remorse - depressive illness - health problems resulting from accident - responsible for younger brother |
Szelenczy
NSW CCA [75]
16.3.2001
Co-offenders:
CERULLO
SOUKOULIS | Import | 614.4g (pure) | PG | nil relevant | 9y
NPP 5y | AD | Travelled overseas and upon return took delivery of parcel containing Bible with cocaine inside. Lesser degree of responsibility than co-offenders but greater than mere courier. Used false documentation when sending parcel.
Psychological and physical ill health - South African - rehabilitation - offences committed for financial gain. |
Klein
(2001) 121 A Crim R 90 | Import | 513.7g (pure) | PG | nil | 3y 9m
NPP 2y 6m | Crown AD | Female - When apprehended at airport admitted carrying drugs - Believed she was carrying marijuana - Courier - Motivated by debt
Offered assistance to police - contrite - separated from family in South Africa |
Chanthaboury
(2001) 121 A Crim R 505
Co-accused:
VERGARA | Import | approx 1kg | PG (after hung jury) | nil | 7y 6m
NPP 4y 6m | AA
6y
NPP 4y | Cocaine found in lining of suitcase - aware of drugs but not how they got there - to received $12,000.
Involved in controlled delivery - bare or mere courier but greater role than co-offender.
Assistance. |
Chapple
NSW CCA [183]
11.5.2001 | Knowingly concerned in import
Attempt obtain possession of cocaine | 79g (pure) | PG | appalling record - 3 major drug offences | 5y
NPP 3y 6m
FT 12m (concurrent) | AA
4y
NPP 2y 6m | Opened post office boxes and received drugs through mail - Principal on own behalf - Most of drug for own use.
Tragic life as a result of drug addiction. |
Quesada
(37)
(2001) 122 A Crim R 218 | Knowingly concerned in importation | 1,306.8g (pure) | VG | first custodial sentence | 10y
NPP 7y | AA
10y
NPP 6y | Female - Picked up backpack containing drugs from female who had brought it in on overseas flight - Precise nature of involvement not known.
Colombian - Single mother with 2 children. |
Hendricks
(24)
(2001) 125 A Crim R 303 | Import | 162.7g (net) | PG | nil | 6y 6m
NPP 4y 3m | AD | Arrived having swallowed drugs - courier with low level trafficable quantity.
Financial gain only - South African - signs of depression - Contrition |
Boulghourgian
(26)
(2001) 125 A Crim R 540 | Knowingly import | 114.5g | VG | supply drugs | 6y
NPP 4y | AD | Cocaine concealed in a car radio cassette player sent from the United States in a parcel intercepted by customs. Police substituted for the drug an inert substance. Appellant entered FedEx office, signed for the parcel under a false name and left in his car. The car was intercepted by police.
Lack of remorse. Significant role (principal). Sophisticated scheme. Potential considerable profit.
Note: Although there was error detected in the reasoning process of TJ, in that it was based on the guideline judgment of R v Wong & Leung (now overturned by High Court), having regard to all subjective matters and objective criminality, there was no error in the sentence imposed. |
Hamzy
(19)
(2001) 127 A Crim R 70 | 2 x knowingly concerned importation | 772.6g (pure)
713.69g (pure) | PG | | 9y
NPP 5y 6m | Crown AA
13y 6m
NPP 8y | Initiator and director of 2 importations while in US - On bail for supply offences. Absconded. Voluntarily returned to Australia to face charges. Disadvantaged background. |
Vergara
NSW CCA [314]
26.7.2002
Co-accused:
Chanthaboury | Import | 1 kg | VG | | 8y
NPP 5y | AA
6y
NPP 4y | Cocaine found in suitcase. Courier - lesser role than co-offender. Parity. |
Gallego
NSW CCA [529]
17.12.2002 | Import | 1114.9g (pure) | PG | nil known | 8y 6m
NPP 5y 6m | AD | Imported drugs in golf bag - Assume no higher than courier
Spanish national |
Vasquez
NSW CCA [94]
14.3.2003 | Knowingly concerned in importation | 649.5g (pure) | PG | | 9y
NPP 6y | AD | Drugs mailed in suitcase intercepted by police – Controlled delivery – Significant role in organising, collecting, unpacking and attempted acquisition |
Karipidis
(21)
NSW CCA [168]
25.6.2003 | Knowingly concerned in importation | See facts | PG | Significant | 8y
NPP 4y 10m | AA
7y 10m
NPP 4y 10m | Involved in joint enterprise to import drugs from Uruguay – 2 packages picked up and delivered to K – Second package contained 175g (pure) - greater involvement than courier
Appeal allowed to take into account Pre sentence custody on head sentence |
Cerullo
Soukoulis
NSW CCA [201]
31.7.2003
Co-offender:
SZELENCZY | Knowingly concerned in importation | Not stated – see co-offender | VG | Not stated | 12y
NPP 8y | AD | Parcel of drugs posted by co-offender in Germany to co-offender – Principals
Motivated by greed |
Minall
(34)
Watkins
(33)
NSW CCA [311]
11.11.2003 | Import | 437.3g (pure) | PG | Nil
Nil | 7y 6m
NPP 5y | AD | Imported drugs internally from America – Well above couriers |
