| Case | Offence | Amount | Plea | Record | Result | Appeal | Facts |
Bowers
(1997) 97 A Crim R 461 | Import | 7,000 tablets | PG | nil | 8y 6m
NPP 4y 6m | AD
Errors made but sentence appropriate | Drugs strapped to waist. Needed the money. |
Carey
(26)
(1997) 97 A Crim R 552
(Vic CA) | Import | 2kg (pure) | PG | insignificant | 8y
NPP 5y 6m | AA
6y
NPP 3y 6m | English national carried drugs in suitcase. At home living in near poverty and tempted by offer of financial reward. Courier.
Assistance to police. |
Soonius
NSW CCA
29.5.1998 | Import | 3.340kg (pure) | VG |  | 11y
NPP 6y
(discount for assistance) | AA
9y
NPP 5y 3m | Hidden in suitcase. Sentenced as courier.
Suffering psychiatric condition at time of offence - vulnerable. |
Budiman
(1999) 102 A Crim R 411 | Knowingly concerned in importation | 591.6g (pure) | VG | nil | 8y 3m
NPP 6y 3m | AD | Tablets found in speakers imported to A. Controlled delivery to A at hotel. Courier from Indonesia. |
Slatinec
NSW CCA [2]
16.2.1999 | Knowingly concerned in import
Supply large commercial qty | 1214g | PG | | 9y
NPP 6y
(4y 6m concurrent) | AA
8y
NPP 5y
(reduced from
13y
NPP 9y
For assistance) | Involved in importation of MBDB – not at lower end of involvement – above courier |
Behar
NSW CCA
14.10.1998 | Import | 1.231kg (pure) | PG | nil | 6y
NPP 18m
(assistance) | Crown AA
6y
NPP 2y 6m | Courier with exceptional background. Became involved with drugs through the Orange People. Now disavowed involvement with the sect.
50% discount for assistance. |
Power
NSW CCA [25]
5.3.1999 | Possess prohibited import | 1056.5g MDMA (pure) | PG | | 9y
NPP 5y 6m | AD | Arranged to pick up delivery of suitcases containing MDMA from co-offender who had brought suitcases from Holland. Co-offender arrested and agreed to controlled delivery
Held on appeal that SJ did not err in finding A was more than a mere courier and was middleman. No justifiable sense of grievance re sentence of co-offender |
Camus
NSW CCA [425]
15.12.1999 | Possess prohibited import | 736.5g (pure) | PG | | 8y
NPP 5y | Crown AA
10y
NPP 6y | Recruited by man in Bali to find customers for tablets. Picked up tablets from Melbourne and sought to sell drugs in Sydney. Management level. Supplied some drugs to dealers before arrested. Motivated by greed - to earn $40,000. Objective criminality high. |
Rocco
NSW CCA [124]
6.3.2001 | Knowingly concerned in importation | 4.027kg (pure) | VG | | 13y
NPP 9y | AD | Involved in importing drug in water pump consignment – Male.
South African.
No disparity with co-offender who pleaded guilty. |
Tan
(41)
NSW CCA [219] 28.5.2001 | Import | 736g (pure) | PG | nil | 7y
NPP 4y 6m | AD | Mere courier found with tablets taped to body.
Isolation in custody - custody of two teenage children - needed money for ill mother. |
Tan
NSW CCA [438]
24.10.2001 | Possess prohibited import | 6.15kg (pure) | PG | nil | 15y
NPP 9y
(JIRS summary) | AD | Arrested following AFP investigation of Singapore/Chinese syndicate. Suitcase containing drugs found during search of A’s premises. Financial motive. Married, one child. |
Guiu
(2002) 129 A Crim R 387 | Attempt obtain possession | 10,000 tablets | PG | nil | 8y
NPP 5y 3m | AA
6y
NPP 3y 9m | Arrested after arriving to collect suitcase of ‘drugs’ at hotel under police surveillance. Two co-offenders including husband for whom drugs were collected.
SJ erred in assessment of role of applicant as more culpable than merely collecting drugs. Necessity for sentence to relate to offence charged, and for evidence to support more culpable role. |
Tyler
(30)
NSW CCA [272]
7.6.2002 | Import
Sched:
Passport offence | 947.6g (pure) | PG | minor | 7y 6m
NPP 4y 6m | AA
6y
NPP 3y 3m | Female - Imported tablets in luggage.
Good prospects of rehabilitation |
Woolery
NSW CCA [299]
18.7.2002 | Import | 1570.2g (30% pure) | PG | | 7y 6m
NPP 4y 6m | AD | Imported powder strapped to back
Assistance to authorities |
Lim
Yeung
NSW CCA [293]
30.7.2002 | Possess prohibited import | 46,000 tablets | VG
VG | | 9y
NPP 5y 4m
9y
NPP 5y 4m | Conviction AD
Conviction AD
Sentence AD | Found in possession of $40,000 – drugs found in premises appellant’s travelling to. |
Togias
(21)
NSW CCA [363]
30.8.2002 | Import | 967.5g (pure) | PG | nil | 5y GBB | Crown AD | Female - Imported drugs from Bali - Courier - Subsequent to offence gave birth to daughter - Evidence suggested delay in assessment of respondent for mother/daughter facilities in gaol - Separation could cause psychological harm to child - Originally given recognisance and sent back by CCA for re-sentence |
Niketic
NSW CCA [425]
2.10.2002 | Import | 1.19kg (pure) | PG | | 7y 6m
NPP 4y 6m | AD | Imported tablets from Bali for $10,000. |
Schofield
NSW CCA [3]
6.2.2003 | Attempt obtain possession
Sched:
Att obtain poss methelamphet (ice)
Att obtain poss amphet | 2.0979kg (pure)
60.2g
74.8g | PG | on parole for mal wound | 2y 6m
NPP 18m | Crown AA
5y
NPP 3y | Driver for associates picking up drugs secreted in automotive transmission
Discount for assistance
Includes table and summary of similar cases. |
De Groot Van Embden
(38)
NSW CCA [156]
16.6.2003 | Attempt obtain possess | 16.5kg (pure) | PG | Not stated | 12y
NPP 8y | AA
12y
NPP 7y | Principal Australian organiser of Dutch syndicate arranging importation of drugs into Australia – To pick up and arrange sale of drugs
Dutch citizen – Father of four – Significant assistance to authorities – Family in witness protection – Protection and isolation in gaol – Anxiety for family |
Simon
(37)
NSW CCA [147]
23.6.2003 | Import | 921.4g (pure) | PG | Nil | 6y
NPP 3y 6m | AA
4y 6m
NPP 2y 6m | Courier – Imported drugs in body bags – Carefully planned – Expected financial reward
American – Financial difficulties – Out of character – Health problems – Evidence of rehabilitation – Insufficient discount for guilty plea |
Shepherd
(44)
NSW CCA [287]
16.10.2003
Co-Offender:
PRASAD
SHEPHERD | Knowingly concerned in import | 34.401kg | PG | Nil relevant | 14y
NPP 9y | AA
11y 6m
NPP 7y 4m
(assistance) | Tablets hidden in freezer panels in packing crates on shipping container imported from Holland – Assisted by arranging importation documents and delivery to warehouse
Assistance |
Balogun
NSW CCA [72]
26.3.2004 | Attempt obtain possession prohibited import | 1.323kg (pure) | VG | Not stated | 8y
NPP 5y | AD | Internal courier – picking up package containing drugs |
El Hani
NSW CCA [162]
215.2004
Co-Offender:
PRASAD
SHEPHERD | Knowingly concerned in importation | 34.401kg (pure) | PG | Not stated | 15y
NPP 10y | AD | Involved in importation of tablets in plastic pipes – Senior person playing important managerial role
Some assistance |
Prasad
NSW CCA [293]
1.9.2004
Co-Offender:
EL HANI
SHEPHERD | Knowingly concerned import | 34.401kg (pure) | PG | | 14y
NPP 8y 8m | Crown AD
(exercise of discretion) | Drugs imported in freezer equipment – Active and important role arranging clearing and collection of drugs – Involved because of financial equipment |
Neale
(57)
NSW CCA [311]
10.9.2004 | Knowingly concerned in import | 52.33kg (pure) | VG | Dishonesty offences only | Life
NPP 21y | AA
Life
NPP 15y | Drugs imported in cases of wine bottles
Non-parole period reduced only because of age of applicant |
| Case | Offence | Amount | Plea | Record | Sentence | Appeal | Facts |
Studenikin
(25)
NSW CCA [164]
21.5.2004 | Import
Make false statement re entry into Australia | 3.7286kg (pure) | PG | Fraud offence in Russia | 12y
NPP 7y | AA
10y 6m
NPP 7y | Drugs found in suitcase – Commercial gain
Reasonable prospects of rehabilitation - Isolation
Sentenced after repeal of s.16G |
Kevenaar
(23)
Dedoes
(22)
Pan
(22)
NSW CCA [210]
28.6.2004 | Attempt posses | 5.9877kg (pure) | PG
PG
PG | Minor
Minor | 3y
NPP 21.5m
4y
NPP 28.5m
6y 6m
NPP 43.5m | Crown AA
7y
NPP 4y 6m
7y 9m
NPP 5y
11y
NPP 7y | Dutch nationals sent to Australia to collect drugs – Less than middlemen – JP more involved than other two offenders
Some contrition and mitigating circumstances in background - Assistance |
J (59; 62 at sentence)
H (52; 55 at sentence)
[2005] NSWCCA 1
11.5.2005 | Attempt possess | 16.5 kg (pure) | PG
VPG | Numerous, inc 15y for heroin importation
7y, NPP 4y for heroin importation | J: 7y 6m
NPP 4y
H: 7y
NPP 3y 9m | J: Crown AA
9y 6m
NPP 5y 9m
H: Crown AA
9y
NPP 5y 3m | J and H attempted to pick up consignment of ecstasy with street value of $9M – had been intercepted by AFP and replaced with a controlled delivery sample – subordinate to co-offenders, X and Y; X had pleaded guilty and Y had since died. J recruited by Y 2 days prior to arrest – H only learnt that drugs involved on day of offence – part of large Dutch syndicate – PG on morning of trial – assistance to authorities – sentences manifestly inadequate.
J: reformed since release – health problems – PTSD
H: remorse – depression |
Sukkar
NSW CCA [54]
16.3.2005 | Knowingly concerned | 34.401 kg (pure)
$7-12 M | VG | | 14y
NPP 9y | Conviction AD
Crown AD
Sentence AD | Controlled delivery of ecstasy imported from Belgium – telephone intercepts – brother involved as principal–– acting in pre-concert – a number of co-offenders already sentenced
Practising solicitor – good character |
Millerat
(25)
NSW CCA [142]
18.4.2005 | Import | 2.0259kg (pure) | PG | Nil | 5y 6m
NPP 2y 9m | Crown AA
9y
NPP 4y 6m | French woman paid to bring in drugs from Holland – drug addict suffering severe depression |
C.A.S.
(31)
NSW CCA [192]
18.5.2005 | Aid and Abet importation | 136.913kg (pure) | PG | Nil | 8y
NPP 5y | AD | Company customs clerk arranged customs clearance for drugs imported in freezers – Provided advice – Junior but important role
Element of duress – No financial gain – High order assistance |
Moore
(50)
NSW CCA [212]
17.6.2005 | Possess prohibited import | 92.442kg (pure) | PG | | 20y
NPP 15y | AD | Part of agreement to take possession of 980,000 tablets – leased premises and took delivery of drugs – senior and trusted member
Limited assistance |
Nguyen
Pham
Vu
To
(2005) 157 A Crim R 80 | Knowingly concerned in import traff. heroin
Knowingly concerned in import comm. ecstasy
Knowingly concerned in import traff. heroin
Import comm. ecstasy
Knowingly concerned in import traff. heroin
Knowingly concerned in import traff methylamphet
Convey comm. ecstasy
Possess commercial qty ecstasy | 50.702kg ecstasy (pure)
477.8g heroin (pure)
38.1g heroin (pure)
10.4g methyamphet (pure) | PG
PG
PG
PG | No priors
No priors
Prior drug conviction | 25y
NPP 18y
Life
NPP 25y
12y
NPP 8y
Life
NPP 20y | AA
22y
NPP 16y 6m
AA
28y
NPP 18y
AA
9y
NPP 6y 3m
AA
22y
NPP 16y | All involved in importation of 50.702kg ecstasy secreted in tiles
N and P involved in importation of 477.8g pure heroin in liquor bottle
V involved in importation of 38.1g heroin and 10.4g pure methyamphetamines in letters
N – female – High level involvement – Experienced drug trafficker
P – Male – Principal
V – Male – Local courier – Lowest level of culpability
T – Male - |
Minniti
(2006) 159 A Crim R 394 | Attempt possess prohibited import | 20kg (pure) | VG | Nil | 12y
NPP 8y | AD | Ecstasy imported from Belgium in machinery - Minor but willing assistance – no financial reward
Good character |
J. Sukkar
(44)
NSW CCA [92]
30.3.2006
Co-accused:
PRASAD
SHEPHERD
EL HANI
L. SUKKAR
S. SUKKAR | Knowingly concerned in import | 34.4g (pure) | PG | Prior convictions for importing hashish oil | 13y 3m
NPP 8y 6m | Crown AD
20y
NPP 12y | Drugs imported in freezer equipment – Principal
Assistance in relation to Netherlands associates – Delay |
Z
NSW CCA [342]
26.10.2006 | Money laundering offence
Possess commercial quantity
Sched:
GIC | 16.86kg (pure) | PG | | FT 2y
5y 2m
NPP 2y 7m
(concurrent) | Crown AA
Drugs:
8y
NPP 4y
Total:
9y
NPP 5y | Israeli national arrived in Australia to arrange laundering of $2m – took delivery of drugs and delivered to others
Assistance to authorities – suffering serious mental illnesses – protective custody - isolation |
Choi
NSW CCA [150]
1.6.2007
Co-accused:
PRASAD
SHEPHERD
EL HANI
L. SUKKAR
S. SUKKAR
J.SUKKAR | Knowingly concerned in importation | 34.4kg (pure) | VG | | 20y
NPP 13y | AD | Drugs imported in freezer equipment – Arranged importation – senior to S.Sukkar, Prasad , Shepherd and El Hani – sub-ordinate to L and J Sukkar
Granted s.16G discount |
Mauceri
NSW CCA [262]
4.9.2007 | Conspiracy import | 56.5kg | PG | Nil | 8y
NPP 5y | AD | Drugs imported in container of furniture – significant role in importation arrangements – motivated by financial hardship.
Assistance to authorities. |
Cesan
Mas Rivadavia
NSW CCA [273]
5.9.2007 | Conspiracy to import | See facts | VG
VG | | 13y 6m
NPP 9y
11y
(partially cumulative to sentence for import heroin)
Total:
15y
NPP 10y | AD
AD | Involved in importing drugs from Europe – 6 parcels sent – first three contained no drugs – 4-5 not recovered – 6 contained 642.5g pure ecstasy
MR - FedEx employee – lesser offender – sentenced for related heroin offence (see NSW CCA [284] 18.8.2004) |
Alchikh
NSW CCA [345]
14.12.2007 | Conspiracy import | 31.95kg
(10.44kg pure) | PG | | 12y
NPP 7y 3m | AD | Drugs hidden in refrigerators in consignment from UK – 164, 462 tablets – retail value $11.4 million – Managerial role. |
Zeng
NSW CCA [183]
6.8.2008 | Attempt possession | 74kg (pure) | VG | Nil | 10y
NPP 6y | Crown AA in part - correction pre-sentence custody only
10y
NPP 6y | Drugs detected by custom officers in boxes – 1.29 million tablets – street value between $38-$77 million – police substituted harmless tablets - Boxes eventually collected by cooffenders and stored at respondent’s residence – Respondent and cooffenders commenced process of extracting drugs from packages when arrested – Respondent only aware of drugs once extraction process had started. |
NP
NSW CCA [205]
24.9.2008
Co-offender:
C.A.S. | Conspiracy import | 136.913kg (pure) | PG | Nil | 11y
NPP 7y | AD | Part of conspiracy to import drugs concealed in freezer units imported from Malaysia – middleman facilitating contact between members in Sydney
Out of character – evidence against co-offender – psychological problems – troubled family history |
