Customs Act 1901 (Cth)
s.233B(1) - import prohibited drug
s.235(2)(d) - maximum penalty - 25y
Commercial quantity – 2kg
(repealed 6.12.2005)

Criminal Code (Cth)
s.307.6 – possess marketable quantity unlawful import
s.307.9 – possess marketable quantity reasonably suspected unlawful import
Maximum penalty – 25y
Commercial quantity –2kg
Marketable quantity – 2g

Case	Offence	Amount	Plea	Record	Result		Facts
Ferrer-Esis (1991) 55 A Crim R 231	Possess	1819.8g (pure)	PG	nil	6y NPP 3y 6m	Crown AA 9y NPP 5y	Cocaine as serious as heroin - Courier - Venezuelan.
Laurentiu Becheru (1992) 63 A Crim R 402	Possess Possess	32g of original importation of 1.589 kg	PG VG	Prior drug matters, offence committed on bail	Effective sentence: 10y 6m NPP 7y 6m 7y NPP 4y 6m	AD	Co-offender imported cocaine. Apprehended at airport and controlled delivery made to L and B. B regarded as ‘back up muscle’. L a few rungs down from principal.
Gonzalez (23) NSW CCA 2.9.1993	Possess	1002g (77.5% purity)	PG	nil	7y NPP 4y 6m	AD	Controlled delivery to appellant arranged with importer. Sought to mislead the police. Co-offender greater involvement, but greater assistance.
Smith NSW CCA 30.9.1994	Possess	711g (pure)	PG		7y NPP 4y 6m	AD	Drugs mailed to appellant so treated as a courier.
De Hesselle NSW CCA 29.8.1997	Possess	1.93kg (pure)	VG	nil	8y NPP 5y	AD	Not the importer. Apprehended after sale to another person.
Stafrace (31) (1997) 96 A Crim R 452	2 x Possess	726g (pure) 937g (pure)	PG	nil	12y NPP 9y	10y NPP 6y	Individually in possession of one box of cocaine and jointly in possession of second box. Partly for own use, partly for commercial operation - knew joint possessor involved in supply and assisting him by keeping cocaine. More than mere courier. Cocaine addiction.
Selim NSW CCA 19.5.1998	Attempt possess	221g (pure)	PG		3y 18m NPP	AD	Cocaine imported by female. Controlled delivery to A. A’s role was to deliver drug and would receive some of the cocaine as payment. 26 years old at sentence. Provided assistance. Good rehabilitation in gaol. Father dying of cancer.
Watson (29) NSW CCA 18.9.1998	Attempt possess	1.43kg (pure)	PG	minor and unrelated - treated as first offender	9y 6y NPP	AD	Intended to take delivery from courier. Controlled delivery undertaken and A caught. Claimed he was to deliver drugs to Lebanese, and his reward was one ounce. Dealt with as “collector” - same as courier. Objective gravity very high. Recreational user.
Adorjany NSW CCA [37] 5.3.1999	Possess	See facts	PG	nil	10y 6y 3m NPP	AD	Courier intercepted by police on arrival from Colombia with cocaine in luggage. Courier met appellant in controlled delivery. Appellant took cocaine (substitute) and paid courier. 2.796kg (pure) imported
Pulido NSW CCA [438] 2.12.1999	Possess	296.9g (pure)	PG		6y 6m NPP 4y 6m	AD	Received package from Colombia.
Sando NSW CCA [301] 11.8.2000	Attempt possess	156g (pure)	PG		6y NPP 3y	AD	Cocaine imported by courier - controlled delivery made to appellant. Addict who took opportunity to be involved in drug delivery - marginally more culpable than a courier. Assistance discount.
Taru (24) NSW CCA [391] 13.9.2002	Attempt possess	101.8g (pure)	PG	minor	4y 9m NPP 3y	AD	Arranged for delivery of package to studio - Arrested after picking up package - Courier Good subjective evidence - Remorse
Ntsele NSW CCA [111] 30.4.2003	Attempt possess heroin Possess cocaine	311.9g (pure) 1,307g (pure)	PG		6y NPP 3y 2m (concurrent)	Crown AA 6y NPP 4y 8y NPP 4y (concurrent)	Took possession of heroin from co-offender - Cocaine found in police search of premises - Higher level of involvement than co-offender Delay in instituting appeal - Discount for assistance too high - Error to make sentences identical and concurrent
Maloney NSW CCA [250] 28.7.2004	Attempt obtain possession	Trafficable amount	VG	Nil	8y NPP 5y	AD	Cocaine hidden in packages sent from Caribbean

POST REPEAL s.16G

Case	Offence	Amount	Plea	Record	Sentence	Appeal	Facts
Haidar (28) NSW CCA [350] 15.10.2004	Attempt possess	391.7g (pure)	PG	Nil	7y NPP 4y 6m	AD	Cocaine secreted in computer sent from Brazil – Controlled delivery – Slightly above courier Drug addiction at time of offence
Okeke NSW CCA [444] 16.12.2005	2 x Attempt possess	190.3g (pure) 195.8g (pure)	PG	Nil – dishonest dealings with Immigration	9y NPP 6y	AD	Nigerian national – arranged for pick up of two parcels containing cocaine mailed from Brazil – controlled delivery – role of “some substance”
SC (27) NSW CCA [29] 21.2.2008	Attempt possess	183.9g (pure)	PG	Nil	3y 6m NPP 2y	Crown AD	Cocaine secreted in parcels – took delivery on behalf of another person – aware drugs involved but probably not aware of weight – to be paid $3,000 Prior good character – drug user – good prospects of rehabilitation – assistance Appeal dismissed in exercise of discretion of court
Milich NSW CCA [148] 26.6.2008	Attempt possess	296.9g (pure)	VG	Nil	10y NPP 6y	AA 8y NPP 4y 9m	Female – took delivery of parcels on behalf of Nigerian man – Used false identity and rented flat

CRIMINAL CODE

Case	Offence	Amount	Plea	Record	Sentence	Appeal	Facts
Navasardian (31) Petrosyan (28) NSW CCA [108] 17.4.2009	Possess Aid and abet importation	1.753kg	PG PG	Minor Minor	8y 4m NPP 5y 3m 7y 9m NPP 4y 10m	AA 6y 6m NPP 4y 6y NPP 3y 8m	Cocaine imported in brake drum – N to take delivery of imported package – low in hierarchy – P ennobled in facilitating delivery of package 40% discount for guilty plea and assistance – married with children – Armenian – reasonable prospects of rehbailtation