| Case | Offence | Amount | Plea | Priors | Sentence | Appeal | Facts |
Taha
NSW CCA
18.12.1990 | Import
Possession | 2.234kg | PG |  | 10y 6m
NPP 3y | AD | Apprehended at airport. Participated in controlled delivery resulting in arrest of another person. Professional courier expecting significant reward. |
Ng
(34)
NSW CCA
25.7.1991
Co-accused:
CHAN & Ors
CHEUNG | Knowingly concerned in import | 38kg (pure) | PG | Hong Kong record - rape, kidnapping, burglary, drugs | 12y
No NPP fixed. | AA
12y
NPP 9y | Assistance to authorities. “Link man” between Hong Kong based sellers and Australian buyers. Involved in handling of heroin in Hong Kong & arrangements for transport of heroin into Australia.
Substantial assistance to authorities. |
Kolalich
(32)
Begovic
(53)
NSW CCA
16.10.1992 | Conspiracy import | 2.18kg (pure) | VG | significant records. | 13y
NPP 10y | AD | Principals. Financed venture, obtained heroin from Thailand and recruited. Motivated by greed.
Mitigating factors not significant. |
Postiglione
(1991) 24 NSWLR 584 | Knowingly involved in import | 5.56kg (56% pure) | PG | Overseas record trafficking | Life | AA
12y
NPP 9y | With three co-offenders imported heroin from Pakistan. Entrepreneurial and integral to importation. |
Lentze
NSW CCA
17.7.1992 | Import | 4,289g | PG | poor previous record - associate of criminal element in Holland | MT 6y
AT 2y | AA
7y
NPP 5y
(Parity issue with offender who picked up heroin). | Total heroin carried in two bags by A and female companion. Pressured into offence to pay off gambling debt.
High order assistance to police. |
Chai
(1992) 60 A Crim R 305 | Conspiracy import | 27kg | VG | minor involvement in illegal gambling | 24y
NPP 16y | AD | “High level principal in an international heroin dealing on a vast commercial scale”. |
Dellapatrona
(48)
Duffield
(50)
(1993) 31 NSWLR 123 | Conspiracy to import | 3kg | VG | nil | 13y 6m
NPP 10y
(assistance) | AA
9y
NPP 6y 8m | No heroin imported. Principals and heavily involved in offence. Considerable amount of planning, administration and activity over three months. |
Cheung
(44)
NSW CCA
17.12.1999
Co-accused:
CHAN & Ors
NG | Knowingly concerned in importation | 38kg (pure) | VG | nil | Life
NPP 21y 11m | AD
HCA Dismissed
(2001) 209 CLR 1 | Senior inspector with Hong Kong Customs Service. Involved with others in importation of heroin from Hong Kong. See Chan & Ors. Regarded as a, if not the, principal.
Good character Serving sentence in foreign gaol, unlikely to see wife again because of her health. |
Banthithadawit
(22)
NSW CCA
8.4.1994 | Import | 2.128kg | PG | nil | 12y
NPP 8y | AD | Flew to Australia with heroin in suitcase. Courier. Small discount for questionable assistance.
Influenced by financial considerations. |
Chan
(34)
Cheung
(31)
Tsui
(43)
Law
(41)
Chi
(34)
NSW CCA
13.4.1995
Co-accused:
CHEUNG
NG | Knowingly concerned in import
Supply
Knowingly concerned in import
Knowingly concerned in import
Supply
Knowingly concerned in import
Supply
Knowingly concerned in import
Supply | 38kg (pure) | VG | one conviction
minor drug
one conviction | 24y
NPP 18y
(concurrent sentence)
28y
NPP 20y
28y
NPP 20y
(concurrent sentence)
28y
NPP 20y
(concurrent sentence)
24y
NPP 18y
(concurrent sentence) | AA
20y
NPP 16y
24y
NPP 18y
24y
NPP 18y
24y
NPP 18y
19y
NPP 15y | Shipment from Hong Kong.
Cheung: financed enterprise, active in Hong Kong, monitored importation into Australia.
Ah Ting: link in Sydney, liaised to facilitate delivery.
Law Yat: active in Hong Kong, facilitated delivery in Sydney.
Chan and Chi: took delivery in Sydney
CHI - suffering cancer with unknown life expectency |
Che Yook
(36)
(1995) 84 A Crim R 432 | Import | 51.4kg (pure) | PG | | 26y
NPP 20y | AA
24y
NPP 18y | High level involvement. Used his company premises in Australia and Malaysia to facilitate importation. Handled heroin in Malaysia & supervised unloading in Australia. |
Hollins
(49)
NSW CCA
31.5.1996 | Import | 3.4kg (pure) | PG | nil | 7y 2m
NPP 4y 9m | AA
(parity)
6y 6m
NPP 4y | Courier arrested at airport. Co-operated with police and gave evidence against co-offender.
Creditable military record. |
Wangsaimas
Vanit
Tansakun
(1995) 82 A Crim R 530 (NT SC)
(1996) 87 A Crim R 149 (NT CCA) | Import | 89.1kg (pure) | PG | nil | Life
No NPP | AA
W:
NPP 22y
(assistance)
V & T:
NPP 25y
HCA Dismissed
(1997) 99 A Crim R 302 | Drug brought in by boat captained by W and crewed by V and T. Not simply couriers, but were aware of the importation and had connections high up in the drug chain. |
Kelleher
(1996) 89 A Crim R 215 | Conspiracy to import | 22 pounds / 10 kg | VG | Record. | Life
NPP 16y | AD | Recruited courier to bring heroin from Hong Kong to Australia. 7.3kg entered community. Criminality at highest level. Motivated by financial gain. Lack of contrition. |
Nguyen
NSW CCA
23.9.1998 | Knowingly concerned in import | 10kg (pure) | VG | nil | 9y
NPP 5y | AA
7y 6m
NPP 3y 9m | Drugs imported through large vases. Drove co-accused to airport, collected crates, paid charges and drove crates and co-accused to his house. Dealt with as courier. Not aware of amount or details.
Hardships in Vietnam. |
Sugahara
Watanabe
NSW CCA
16.10.1998
Co-offender: TAMATSU (import less trafficable) | Import
Import | 1511.2g (pure)
1511.46g (pure) | PG
PG | | 10y
NPP 7y
11y 6m
NPP 7y 6m | AA
9y 6m
NPP 5y
10y
NPP 6y
(assistance) | W imported drugs through packs around waist. Met someone who had offered money and plane tickets. Did not know what was in packets, but knew important. Unsuccessful controlled delivery. Dealt with as courier
S introduced to supplier by W. Same modus operandi. Separate importation. Thought drugs were cannabis. |
Pang
(1999) 105 A Crim R 474 | Knowingly concerned in import | 2.495kg | PG | nil | 6y
NPP 5y | AA
5y
NPP 3y | Courier - took delivery of drugs from importers.
Gave full statements and provided considerable assistance to police. Question of allowing for absence of remissions when setting non-parole period |
Kuan
(19)
NSWSC [286]
Ireland J
31.3.1999
Co-offenders:
LAW | Knowingly concerned in importation | | PG | Nil | 12y
NPP 7y | | Involved as foot soldier – supervised at all times – Broke open consignment, removed weighed and repackaged heroin – Followed instructions and took heroin to hotel for redistribution
No financial gain – Canadian |
Hashmi
NSW CCA [439]
13.8.1999 | Import | 1.881kg (pure) | PG | nil | 5y
NPP 3y
(50% discount assistance) | AD | Courier. Pakistani national strapped dugs to body. Needed money for daughter’s dowry. Controlled delivery made and evidence obtained conviction.
Co-offender – KOVACS (attempt possession prohibited import) |
Nguyen
NSW CCA [441]
10.12.1999 | Knowingly concerned in importation | 4.775kg (pure) | VG | | 8y
NPP 3y 9m
(+3m PSC) | AD | Female - Courier - Supplied address and collected consignment of stereo speakers. Took them to co-offender.
Impact on 6 children |
| Case | Offence | Amount | Plea | Priors | Sentence | Appeal | Facts |
Wong
(mid 20s)
Leung
(mid 20s)
(1999) 108 A Crim R 531
(2002) 127 A Crim R 243 | Knowingly concerned in import
Knowingly concerned in import | 9.356kg | VG
VG | no drugs
nil | 12y
NPP 7y
12y
NPP 7y | Crown AA
14y
NPP 9y
Appeal to HCA successful
On rehearing to CCA:
Crown AA
14y
NPP 8y
(triple jeopardy taken into account) | Heroin imported to Adelaide in pedestals and controlled delivery to accused and third offender in Sydney.
Very top of significant commercial range.
Both accused more than couriers - mid-range participants.
Co-offenders in SA – Cheng, Chan and Cheng |
Cheng
Chan
Cheng
SA CCA
13.5.1999
[1999] SASC 175 | Import | (street value $13000) | PG
PG
PG | | 14y
NPP 7y 6m
16y
NPP 11y
13y 6m
NPP 7y 6m | AA
9y
NPP 5y
13y
NPP 9y
10y
NPP 6y
HCA Dismissed
(2000) 203 CLR 248 | Effect of s16G Cth Crimes Act considered - re non-availability of remissions.
Unacceptable disparity in sentences given varying levels of involvement and culpability.
Co-offenders in Sydney – Leung and Wong |
Chung
(43)
NSW CCA [153]
20.4.2000 | Knowingly concerned in import | 4.755kg (pure) | PG | | 14y
NPP 9y | AD | Involved in unpacking heroin imported in stereo speakers. Regraded as less than principal but higher than co-offender. |
Ung
(29)
(2000) 112 A Crim R 344
Co-Accused: VO | Knowingly concerned with import | 54.504kg (pure) | VG | minor - no drug offences | 16y 6m
NPP 11y | AD | Involved in unloading boxes of canned pineapple filled with heroin at wharf. Significant role although not principal. Knew large amount of heroin involved. |
Ghale
(37)
NSW CCA [249]
7.7.2000
Co-Accused:
KARKI
CHAN | Knowingly concerned with importation | 2.4kg (pure) | PG | nil | 7y
NPP 4y 3m | Crown AD | Courier - Arrived with false Nepalese government passport - Imported drugs from Bangkok - To deliver drugs to another person
Prior good character - Low intelligence - Remorse - Good prospects of rehabilitation - Isolation |
Vo
(2000) 118 A Crim R 320
Co-Accused - UNG | Knowingly concerned with import | 54.504kg (pure) | VG | | 22y
NPP 14y | AD | Female involved in importation of heroin in cans of pineapple. Leased premises and supervised and arranged for storage of goods. Key participant in importation. |
Chua
(28)
NSW CCA [50]
2.3.2001 | Knowingly concerned in importation | 1.9264kg (pure) | PG | nil in Australia | 6y
NPP 3y 3m | Crown AD | Apprehended at airport with skin abrasions - Search of terminal found bag with drugs in toilet - Admitted bringing drugs in from Bangkok and handing them to another person during flight
From Singapore - Genuine remorse - Volunteered involvment |
Kook
NSW CCA [122]
6.4.2001 | Knowingly concerned with importation | 2.5kg | PG | | 12y
NPP 8y | AD | Heroin concealed in hollowed out computer books. Books delivered by another person to applicant after importation. Low in hierarchy but still heavily involved. |
Ng
NSW CCA [305]
12.7.2001 | Knowingly concerned with importation | 69.052kg (pure) | PG | drug importation | Life
NPP 18y 6m | AD | Heroin concealed in commercial baking ovens from China. High level role in operation. Value $80-$95 million. |
Karki
(31)
NSW CCA [378]
31.8.2001
Co-Accused:
GHALE
CHAN | Knowingly concerned with importation | 2.426kg (pure) | PG | nil known | 10y
NPP 6y | AD | Came out from Nepal to take delivery of drugs imported by co-offender - Higher than courier.
Discount for assistance - dependant wife and child in Nepal |
Mandagi
(42)
NSW CCA [57]
11.3.2002
Co-accused:
CHAN
CHEN
SIREGAR
ISMUNANDER
LAU
LI
CHAN
FAN
CHUNG | Knowingly concerned in importation | 252.3kg (pure) | VG | nil | Life
NPP 25y | AA
27y
NPP 19y | Captain of boat bringing drugs from Thailand - Aware drugs on boat and falsified log
Parity with co-offender - Motivated by desire to provide for family - Indonesian. |
Chan
(38)
(2002) 128 A Crim R 119
Co-accused: MANDAGI
CHEN
SIREGAR
ISMUNANDER
LAU
LI
CHAN
FAN
CHUNG | Knowingly concerned in importation | 252.3kg (pure) | PG | nil | 13y
NPP 10y | AD | Speedboat containing heroin from Thailand lowered from ship off NSW coast. Applicant drove speedboat to Port Macquarie where authorities intervened. Applicant recruited for navigational skills. Chose site and date for landing.
Hong Kong fisherman.
Without assistance sentence would be 23y 6m (NPP 18y 6m) |
Chan
(51)
(2002) 131 A Crim R 66
Co-offenders:
KARKI
GHALE | Knowingly concerned in importation | 3.4kg | VG | nil | 20y
NPP 15y | AD | Principal - Arranged for importation of heroin |
Chen
Lau
Siregar
Ismunander
(2002) 130 A Crim R 300
NSW CCA [477]
5.12.2002
Co-accused:
CHAN
MANDAGI
LI
CHAN
CHUNG
FAN | Knowingly concerned in importation | 252.3kg (pure) | VG
VG
VG
VG | nil
nil | Life
Life
Life
NPP 20y
Life
NPP 20y | AD
AD
AD
AD | Largest drug operation ever detected in Australia.
Attempt to import heroin from Thailand in boat.
Chen - principal
Lau - principal
Ismunander - Chief officer
Siregar - Chief engineer |
Ra
(2002) 131 A Crim R 133 | Knowingly concerned in importation | 5.689kg (ure) | PG | | 15y
NPP 10y | AD | Accepted delivery of drugs concealed in stone columns from Hong Kong. Drugs sent to premises controlled by A. Role was between courier and mastermind.
Street value excess $A11million. |
Law
(44)
NSWSC [952]
Sully J
16.10.2002
Co-Accused:
KUAN | Conspiracy to import | at least 40kg actually imported | VG | | Life
NPP 30y | | Sentence on retrial - Involved in conspiracy to regularly import large consignments of heroin - At least 40kg actually imported - Involved in at least two other importations - Not principal but at senior level
Health problems
Alan Tam – PG - Conspiracy to import – Barr J NSWSC 5.9.1997 – 16y (NPP 10y)
Mao Huang Tung - PG - Conspiracy to import – Barr J NSWSC 5.9.1997 – 24y (NPP 16y)
Kevin Chi Ho and Yu Tit Ho – See possession prohibited imports |
Wong
NSW CCA [261]
3.9.2003 | Knowingly concerned in import | 64kg (pure) | VG | | 20y
NPP 13y | AD | Few facts given – Mid-management in smuggling rig – Well organised
Protection due to threats |
Li
(51)
NSW CCA [290]
23.10.2003 | Knowingly concerned in importation | 2.4956kg (pure) | VG | Supply heroin | 12y
NPP 9y | Crown AA
15y
NPP 11y 3m | Drugs imported in computer books – Principal in Australia with overall responsibility for Importation
Some assistance |
Chen
(44)
NSW CCA [328]
7.11.2003
Co-accused:
STANBOULI | Conspiracy to import | 12.6kg (pure) actually imported | PG
(late in trial) | | 40y
NPP 26y | AA
31y
NPP 23y | Lynch pin in highly organised and on-going conspiracy to import heroin – Several importation detected |
Stanbouli
(30)
NSW CCA [355]
4.12.2003
Co-accused:
CHEN | Conspiracy to import | At least 64kg | PG | Nil | 13y 6m
NPP 10y | Crown AA
19y
NPP 12y | Employee of Customs Broker and Freight Agency – Provided advice and monitoring assistance of shipments containing heroin – 46 shipments – 23 contained heroin – Total amount uncertain – Received $200,000
Some discount for assistance – Excellent prior character |
Gao
NSW CCA [390]
16.12.2003 | Knowingly concerned in importation | 3.487kg | VG | Prior convictions – no full time custody | 12y
NPP 8y | AD | Heroin imported as documents - Trusted and respected agent for parties |
Speer
NSW CCA [115]
22.3.2004 | Import | 2.5411kg (pure) | PG | Nil | 16y
NPP 10y | AA
9y
NPP 6y | Heroin found in suitcase at Sydney airport.
Error in finding s16G Crimes Act Cth had no application where section repealed between plea and sentence – Sentence outside permissible range |
Li
(40)
Chan
Fan
Chung
NSW CCA [154]
25.5.2005
Co-offenders:
MANDAGI
CHAN
CHEN
SIREGAR
ISMUNANDER
LAU | Knowingly concerned in importation | 252.3kg (pure) | PG
PG
PG
VG | Nil
Nil
Not stated
Nil | 24y
NPP 18y
Life
NPP 30y
Life
NPP 28y
Life
NPP 28y | Crown AD
AD
AA
Life
NPP 28y
AD
AD | Involved in largest ever importation of heroin into Australia – drugs brought to coastal area on adapted fishing trawler – Brought to beach by speedboat
Each offender present in Australia prior to importation, preparing for delivery
Li – driver and general hand – no influence in offence
Chan – co-ordinator and supervisor in Australia – remorse – early guilty plea – erroneous finding that he was to be responsible for storage and distribution of heroin
Fan – trusted sub-ordinate to Chan – took orders and supervised carrying out in preparation of arrival of heroin – limited assistance
Chung – trusted member of organisation – below Fan and Chan – assisted in preparation for pick up of heroin |
