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Drugs - MDMA (Ecstasy) - Import Less than 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) - import prohibited drug
s.235(2)(d) - maximum penalty - 25y
Commercial quantity – 500g
(repealed 6.12.2005)

Criminal Code (Cth)
s.307.2 – import marketable quantity
s.307.6 – possess marketable quantity unlawful import
s.307.9 – possess marketable quantity reasonably suspected unlawful import
Maximum penalty – 25y
Commercial quantity –500g
Marketable quantity –0.5g



CaseOffenceAmountPleaRecordResultAppealFacts
Dizel
(38)
NSW CCA
23.8.1996
Import40.9g (pure)PGimport 1kg cocaine to Japan.10y
NPP 7y 6m
ADImported drug internally - to be paid $5,000 for importation.
French.
Dinic
(1997) 149 A Crim R 488
Possess prohibited import159.4g (pure)PGNot stated5y
NPP 3y
ADDrugs imported in photo album – Received in Victoria and taken to appellant in NSW – middleman
Some assistance of little value
Bushell
(37)
NSW CCA
7.8.1998
2 x Import166.77g MDMA (pure)
165.09g MDEA (pure)
VGminor - treated as irrelevant7y
NPP 4y
ADTablets concealed in suitcase. Some assistance but of limited value.
Long-standing depressive illness.
Bourel
NSW CCA
11.12.1998
2 x Knowingly concerned in importation16.3g MDMA (pure)
315.1g MDP-2-MB (pure)
VGnil relevant7y
NPP 4y 6m
ADInvolved as financier.
Vulnerable period of life.
Benais
(27)
NSW CCA [236]
26.7.1999
Import61g (pure)PGnil6y
NPP 3y
ADIsraeli national brought in drugs in suitcase and ingested. Courier to be paid $7,000.
Prior good character - supporting ill mother.
Blakeman
(41)
NSW CCA [415]
9.9.1999
Conspiracy to import25.4g (pure)VGpossession and self administer ignored3y 6m
NPP 2y 3m
ADPosted drug from Germany while travelling there for other purposes.
Impressive work record; supports six children.
Spillane
(44)
NSW CCA [280]
16.9.1999
Import447.3g (pure)PGprior record - no drugs7y
NPP 4y 8m
AA
6y
NPP 3y 6m
Irish national brought into Australia tablets in suitcase. Intoxicated at time. Courier.
Chronic alcoholic. Some co-operation with police.
Van den Akker
NSW CCA [426]
15.12.1999
2 x Attempt export324.8g (pure)
18.8g (pure)
PGNil7y 6m
NPP 4y 6m
ADFemale searched while boarding flight to Indonesia. Taking tablets to Holland for $5,000.
On appeal decided makes no difference that appellant exporting not importing. More culpable than courier.
Capper
NSW CCA [63]
14.3.2000
Knowingly concerned in importation167.1g (pure)PGPriors for possession and cultivation5y
NPP 3y
ADTook delivery of postal item to hold in custody of someone else. To be paid $2,500.
Sole parent of 2 children as mother hospitalised for mental illness. Children made ward of state.
Robertson
(22)
NSW CCA [266]
14.7.2000
Knowingly concerned in import167g (pure)PGnil3y PD
suspended after 12m
Crown ADPicked up drugs from post box and delivered to supplier for $1,000.
Assistance to police. Exceptional circumstances.
Pejovski
NSW CCA [182]
11.5.2001
Attempt obtain possession of prohibited drug214.4g (pure)VGinsignificant record6y
NPP 4y
AA
6y
NPP 3y 6m
Package delivered to appellant’s address - passed on to co-offenders.
Good character evidence.
Meloh
(35)
NSW CCA [211]
21.5.2001
Knowingly concerned in importation471.5g (pure)PG6y
NPP 4y 6m
AA
6y
NPP 3y 7m
Controlled delivery of drugs to applicant.
Refugee from Sierra Leone - remorse - low level operative - raising money to bring sister to Australia.
Schmakowski
(43)
NSW CCA [395]
28.9.2001
Import410g (pure)PGnil8y
NPP 4y 9m
ADImported drugs on body - treated as importer not mere courier.
Attempted to assist police in controlled delivery - German - Contrition
Muradian
NSW CCA [371]
27.8.2002
Import452.9g (pure)VG5y 3m
NPP 3y 6m
ADImported drugs in suitcase - Female
Nai Poon
NSW CCA [42]
5.3.2003
Import339.2g (pure)PG7y
NPP 4y
ADImported drugs on person - Male


POST REPEAL s.16G

CaseOffenceAmountPleaRecordSentenceAppealFacts
Tsiaousis
(33)
NSW CCA [240]
4.7.2005
Aid and abet import290g (pure)PGInsignificant8y
NPP 5y
AA
6y
NPP 3y 9m
Agreed to be post box for tablets imported in hair products – addict in debt
White
(62)
NSW CCA [340]
20.10.2006
Import463.4g
(101.4g pure)
PGImport cannabis resin10y
NPP 6y
ADConcealed drugs in snow skis – organisor of scheme.
Calderwood
NSW CCA [180]
27.6.2007
Import99.1g (pure)VG6y 5m
NPP 4y
ADEcstasy concealed in package – principal involved in organising consignment and attempting to collect goods




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