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Drugs - Cocaine - Possess Prohibited 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.


Customs Act 1901 (Cth)
s.233B(1) – possess prohibited import
s.235(2)(c) - maximum penalty - life
Commercial quantity – 2kg
(repealed 6.12.2005)

Criminal Code (Cth)
s.307.5 – possess commercial quantity unlawful import
s.307.8 – possess commercial quantity reasonably suspected unlawful import
Maximum penalty – life
Commercial quantity – 2kg




CaseOffenceAmountPleaRecordResultFacts
Tamayo


Martinez
NSW CCA
24.11.1995
Possess


Possess
47.7kg (pure)PG


PG
nil


nil
14y
NPP 10y

10y
NPP 7y
ADT local distributor working for on commission basis for Columbian organisation. M lieutenant.
T remorseful and health problems.
M gave assistance.
Lara-Gomez
(38)
NSW CCA
24.4.1996
2 x Posses59kg
18kg (pure)
PGnil18y
NPP13y 6m
AD
(Life would have been appropriate but for subjective features)
Found in flat rented by A and nearby garage. Came to Australia to establish warehouse facilities and distribute it according to orders. Not principal but major player.
No co-operation.
Markar
NSW CCA [72]
10.3.2000
Attempt possess2.635kg (pure)PG6y 6m
NPP 4y 6m
ADTook possession of packaged sent from overseas. Controlled delivery.
Assessed at level of courier.
El Hassan
(30)
NSW CCA [139]
21.5.2003

Co-offender:
EL HASSAN
Attempt possess17kg (pure)PGNil7y 6m
NPP 5y
Crown AA
10y
NPP 6y
Involved in unpacking cocaine from machine, storage and handling prior to distribution – Limited but crucial role
Assistance in relation to other matter – Prior good character
El Hassan
NSW CCA [252]
24.6.2003

Co-offender:
EL HASSAN
Attempt possess17.5kg (pure)PG15y
NPP 10y
ADInvolved in importation of cocaine in concealed machinery
Assistance to police – Drug addict
Parity


POST REPEAL s.16G / Criminal Code

CaseOffenceAmountPleaRecordSentenceAppealFacts
Riddell
NSW CCA [96]
8.4.2009
s.307.5 - Attempt possess
s.307.5 - Possess
3.877kg (pure)
8.080kg (pure)
PGMinor assault charge in Canada9y
NPP 5y
Crown AA
11y
NPP 7y
Canadian national came to Australia on 6m visa – took delivery of cocaine concealed in goods sent from overseas – unaware of exact nature of drugs – stored goods in hired storage facilities – not involved in unpacking – element of duress








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