Case | Offence | Amount | Plea | Sentence | Appeal | Record | Facts |
Lankreijer
NSW CCA
14.6.1991 | Import | 232.7g (pure) | PG | 3y 6m
NPP 2y 6m | AD |  | Addict – heroin for own use and for friends and associates.
Suffered spasticity in arm. |
Chebat
NSW CCA
25.7.1991 | Import | 606g (pure) | VG | 10y
NPP 8y 6m | AA
10y
NPP 6y | Nil known | Concealed in suitcase – Courier |
Ndubuisi
NSW CCA
27.3.1992 | Import
Possess proh import | 378g | PG | FT 5y 6m | AA
6y
NPP 4y | | Nigerian involved as courier. Heroin concealed in his body. Importation towards bottom end of scale. |
Gurung
NSW CCA
22.5.1992
Co-accused:
LAWLESS
(possess prohibited import) | Import | 151g (70% pure) | PG | 6y 6m
NPP 4y 6m | AD | nil | Swallowed condoms filled with H. Courier
Nepalese - Background of poverty |
Dowe
(59)
NSW CCA
26.3.1993 | Import | 80g (pure) | VG | 6y
NPP 4y | AD | nil | Arrested at airport with 17 packets in shoes.
No contrition, some co-operation with authorities. |
El-Cheikh
NSW CCA
26.3.1993 | Import | 44.5g (pure) | PG | 6y 6m
NPP 4y 4m | AD | gaol for supply heroin in Aust. | Heroin in body – Part for own use, part for sale. |
Kelly
NSW CCA
20.4.1993 | Import | 41.1g (pure) | PG | 3y 6m
NPP 2y | AA
3y
NPP 18m
(assistance) | | Purchased in Thailand for $960. Primarily for own use.
Heroin addict, unemployed. |
Clarke
NSW CCA
23.4.1993 | Import
Possess proh imports | 94.2g (77.4% pure) | PG | 6y 6m
NPP 4y 4m | AD | prison in Sweden for importation | Imported heroin in body. Heroin imported for sale. |
Gedid
(50)
NSW CCA
23.4.1993 | Import | 961g (pure) | VG | 7y
NPP 5y | AD
“Well within the discretion.” | Nil | Lebanese woman, sick. One dependent child and elderly husband in Lebanon. |
Zielinski
NSW CCA
21.5.1993 | Import | 667.3g | VG | 6y
NPP 3y 6m | Crown AA
7y 6m
NPP 4y | | Female - Recruitment of 15y daughter an aggravating factor – Drugs carried internally and in daughter’s shoes. |
Turner
NSW CCA
21.5.1993 | Import | 685.5g pure | PG | 7y 6m
NPP 4y 6m | AD | nil | Apprehended at airport with drugs strapped to body. Courier
Excellent prior character - army service, assistance to police, prospects of rehabilitation. |
Sanna
(49)
NSW CCA
21.5.1993 | Import | 863g (pure) | VG | 9y
NPP 5y | AD | | Drugs in suit-case. Did not speak English. |
Rachid
(63)
NSW CCA
13.8.1993 | Import | 105g (pure) | PG | 5y 6m
NPP 4y | AD | nil | Travelled from Lebanon, to be paid $5000 Courier. Wanted to finance eye surgery.
Conditions of detention for non-English speaking foreigner, late plea at arraignment. |
Drazkiewic
(43)
NSW CCA 23.11.1993 | Knowingly concerned in importation | 165g (pure) | PG | 8y
NPP 6y | AA
7y
NPP 4y 6m | nil | Importation from Thailand with 4 co-off: 2 couriers and 2 planners. Sentenced as courier.
Late plea, good character discount for absence of remissions |
Sukjai- Crawshaw
NSW CCA
3.6.1994 | Import | 130.1g (pure) | | 6y
NPP 4y | AA
4y
NPP 2y 6m
SJ did not have information about mental illness. | | Swallowed H. Drugs valued at $70K. Sentenced as courier.
Gave some information to police but was of little assistance. Was a serious chronic paranoid schizophrenic. |
El-Khoury
NSW CCA
30.9.1994 | Import | 99.9g (pure) | PG | 6y
NPP 3y 6m | AD | | Female with drugs concealed by insertion into vagina. Estimated street value of $190- $280K. Failed to discharge onus that it was for her own use.
Middle aged woman from Lebanon entering on a 3 month visa. Dependent children in Lebanon. |
Nguyen
NSW CCA
6.10.1994 | Import | 250g (pure) | VG | 8y
NPP 5y | AD | prior for attempt import | Sentenced as “more than a mere courier”. Drug hidden in shoe sole.
Heroin addict |
Chaaroui
NSW CCA
4.11.1994 | Import | 92.8g (pure) | PG | 6y
NPP 4y | AD | | Paid $20,000 to import drugs. |
Kiely
NSW CCA
10.11.1994 | Knowingly concerned in importation | 409.1g (pure) | PG | 9y
NPP 4y | Crown AA
Failure to give assistance
9y
NPP 5y | | Took delivery of drugs in Hong Kong – Delivered to couriers |
Schrei
NSW CCA
24.11.1995 | Import | 18g (pure) | PG | FT 5y | AA
5y
NPP 3y 6m | | Refused to “pass” packages in his anal tract. Courier. |
Elchami
(59)
NSW CCA
15.12.1995 | Import | 548g (pure) | PG | 7y
NPP 5y | AD | nil | Lebanese man approached drug dealer to obtain fair to visit son in Australia. |
Doan
NSW CCA
27.9.1996. | Import | 170.8g (pure) | VG | 6y
NPP 3y 6m | AD | | Female - No higher than courier. Wore shoes with heroin concealed. Possibly to receive a share of $10,000. |
Zayat
NSW CCA
22.11.1996 | Import | 165g (pure) | PG | FT 5y | AD | | To be paid $10,000 to go to Lebanon and bring back drugs. |
Le
NSW CCA
22.11.1996 | Import | 570.3g (pure) | PG | 7y
NPP 4y 6m | AD | | Female committed offence because of financial difficulties. Some assistance to authorities. |
Lee
(23)
Ng
(23)
NSW CCA
20.12.1996 | Import
Import | 488g pure
301g pure | PG
PG | 8y
NPP 6y
8y
NPP 6y | AA
8y
NPP 5y 3m
AA
8y
NPP 5y 3m | nil
nil | Couriers arrested at airport. Drugs concealed in chocolate bars and shoes.
No connections to Australia
Assistance to authorities. |
Maman
(31)
NSW CCA
27.3.1997 | Import | 461.8g (pure) | PG | 9y | AA
8y
NPP 5y | nil | Apprehended at airport. Courier motivated by greed.
No assistance. Israeli with strong family ties on Australia. |
Lawson
(18)
Wu
(38)
Thapa
(18)
(1997) 98 A Crim R 463 | Import
Knowingly involved in import
Import | 320g (pure)
666g (pure)
346g (pure) | PG
PG
PG | 3y 6m
NPP 2y
9y
NPP 6y
3y 6m
NPP 2y | Crown AA
6y
NPP 3y 6m
Crown AD
Crown AA
6y
NPP 3y 6m | nil
serious drug offences
nil | L and T each recruited by W to be couriers. L and T carrying drugs internally. W to collect drugs from them when possible.
L a US national
T had Burmese and British nationality. Neither had priors.
Little that could be said in favour of W |
Dodd
(40)
Kavinmethavee
NSW CCA
30.6.1998 | Conspiracy to import
Conspiracy to import | Small trafficable amount | PG
PG | 12y
NPP 9y
6y
NPP 4y | AA
10y
NPP 6y 6m
4y
NPP 2y 6m | minor drugs, on parole
nil | D and K went to Thailand to purchase H. D returned and K organised couriers.
K apprehended at Bangkok. Informed on couriers and returned home. Arrested in Sydney. Informed on D. Intermediary.
D was organiser, although motivated by addiction. Relatively small trafficable quantity. |
Chu
NSW CCA
16.10.1998 | Import | 851.9g (pure) | VG | 7y
NPP 4y 6m | AA
6y
NPP 3y 9m
(assistance) | | Courier. Brought in two bottles of scotch with heroin inside. Told police he was aware he was bringing in an illegal substance. Agreed to a controlled delivery which resulted in arrest of co-accused. |
Tamotsu
(1999) 109 A Crim R 193
Co-offenders
SUGAHARA
WATANABE (import commercial) | Import
Conspiracy to import | 1.481.5g (pure) | | 11y
NPP 7y 6m | AA
10y 3m
NPP 6y 3m | | Drugs found on A as he came through customs. Admitted to police he had done the same three months earlier. |
Ha
(28)
NSW CCA [385]
26.11.1999 | Knowingly involved in import
Possess prohibited imports | 317.9g (pure)
226.72g (pure) | PG | 12y
NPP 8y
FT 4y (concurrent) | AA
10y
NPP 6y 6m | nil | Frequent traveller between Vietnam and Australia. Sent heroin by post to Vietnam. More heroin found at house.
Regarded as sole operator or one of principals. |
K
(24)
NSW CCA[200]
18.5.2000 | Import | 720.6g (pure) | PG | 7y
NPP 4y
(40% discount for assistance) | AA
(above guideline)
5y
NPP 3y | nil - although previously acted as courier between Thailand and Indonesia | Arrested at airport with heroin in suitcase. Participated in controlled delivery to principal. Treated as courier. |
Olbrich
(58)
(2000) 117 A Crim R 326 | Import | 1184g (pure) | PG | 8y 6m
NPP 6y | AA
8y 6m
NPP 5y
(to take into account effect of long appeal process on conditions of incarceration) | | Imported heroin in luggage. No evidence of A’s position in drug organisation. Paid $15,000 to import drugs.
Cooperation with police. |
Auv
(23)
NSW CCA [375]
9.8.2002 | Import | 242.2g (pure) | PG | 8y 6m
NPP 6y | AA
7y 6m
NPP 5y | nil relevant | Male – Treated as principal - Facts not stated.
Assistance to police about importation of heroin into Australia from Cambodia. |
Tanudjaja
NSW CCA [467]
19.11.2002 | Import | 344g (pure) | PG | 6y
NPP 3y | AD | | Female - Financially difficult circumstances - Remorse - Model prisoner - Suffering severe depression |
Chew
NSW CCA [26]
25.4.2004 | Import | 71.8g (pure) | PG | 6y
NPP 4y | AD | | Ingested heroin – dealt with as more than courier |
Chew
(22)
NSW CCA [132]
23.4.2004 | Import | 303.5g (pure) | PG
(earliest opp) | 6y 6m
NPP 4y 6m | AA
5y 3m
NPP 3y 3m | Nil | Courier carrying drugs internally
Malaysian – - Prior good character – Assistance - Parity |
Dang (40)
NSW CCA [269]
30.7.2004 | Import | 218.6 (pure) | PG | 6y 6m
NPP 4y 4m | AD | Nil relevant | Vietnamese, migrated to Australia in 1981 – returned to Sydney after a trip to Vietnam, 400g heroin powder concealed in his shoes - courier |
| Case | Offence | Amount | Plea | Sentence | Appeal | Record | Facts |
Mas Rivadavia
(21)
El Akkaoui
(22)
NSW CCA [284]
18.8.2004 | Conspiray to import
Conspiracy to import | | PG
PG | 6y 9m
NPP 4y 3m
6y 9m
NPP 4y 3m | Crown AA
8y 3m
NPP 5y 3m
8y 3m
NPP 5y 3m | Nil
Nil | Importation from Hong Kong of 708.5g pure heroin – controlled delivery – co-offender sentenced for attempt possess
RMR – employee of FedEx –responsible for passing messages and advising re progress of packages – after arrest suffered depression with psychotic features – favourable prospects of rehabilitation
RA – passed messages and supervised collection of package - favourable prospects of rehabilitation |
Mirzaee
(59)
NSW CCA [315]
17.9.2004 | Import | 578g (pure) | PG | 9y
NPP 6y | AA
9y
NPP 4y 6m | Nil | Imported drugs from Iran – Courier
Financial hardship – Heart problems – Isolation from family - Erroneously took into account probable importation |
Bezan
(44)
NSW CCA [342]
13.10.2004 | Import | 260g (pure) | VG | 5y 6m
NPP 3y 3m | Crown AA
8y
NPP 5y | Nil | Drugs secreted in chessboard - Principal |
Ogochukwu
NSW CCA [473]
29.10.2004 | Knowingly concerned in import | 217.9g (pure) | VG | 7y 4m
NPP 5y | AD | Nil | Took delivery of heroin mailed from Thailand – facilitated delivery
Prior good character |
Kaldor
(57)
NSW CCA [425]
29.11.2004 | Import | 479.3g (pure) | VG | 3y 4m
NPP 2y | Crown AA
7y
NPP 4y | Minor; no prison | Heroin imported from Vietnam in a guitar |
A
(42)
NSW CCA [292]
16.12.2004 | Import | 316.9g (pure) | PG | 7y
NPP 4y 6m | AD | Irrelevant | Vietnamese born female imported heroin in shoes for $20,000 – courier at lowest end of importation
Substantial and beneficial assistance – sad and different life – isolation in custody – back condition |
Bartlett
(28)
NSWCCA [105]
23.3.2005 | Import
Import cocaine | 306.8g pure cocaine
54g pure heroin | PG | 7y
NPP 4y 2m | AD | Nil | Accepted money to import powder from South Africa in shoes and on sanitary pad – didn’t know what powder was – full admissions and early plea
Sexually abused as child – daily use of heroin since 2000 – 5y daughter, in care of ex-husband – anxiety and depression – remorse |
Do
(49)
NSW CCA [258]
22.7.2005 | Import | 478.4g (pure) | VG | 8y
NPP 5y | AD | Nil | Vietnamese female brought drugs secreted in shoes – paying off gambling debt
Tragic childhood - Retrial |
Pham
(27)
NSW CCA [314]
12.9.2005 | Import | 244.6g (pure) | PG | 9y
NPP 5y 6m | AA
8y
NPP 4y 6m | Record | Brought in heroin from Bangkok – low level importer
Suffering psychological condition resulting from car accident – reasonable prospects of rehabilitation |
De Campos
(44)
NSW CCA [51]
28.2.2006 | Import | 280.2g (pure) | PG | 8y
NPP 5Y | AA
7y 6m
NPP 4y 6m | | South African woman imported drugs internally – seeking money to support mother
Discount should be given for offer to assist |
Ogochukwu
NSW CCA [473]
29.10.2004 | Knowingly concerned in import | 217.9g (pure) | VG | 7y 4m
NPP 5y | AD | Nil | Took delivery of heroin mailed from Thailand – facilitated delivery
Prior good character |
Kaldor
(57)
NSW CCA [425]
29.11.2004 | Import | 479.3g (pure) | VG | 3y 4m
NPP 2y | Crown AA
7y
NPP 4y | Minor; no prison | Heroin imported from Vietnam in a guitar |
A
(42)
NSW CCA [292]
16.12.2004 | Import | 316.9g (pure) | PG | 7y
NPP 4y 6m | AD | Irrelevant | Vietnamese born female imported heroin in shoes for $20,000 – courier at lowest end of importation
Substantial and beneficial assistance – sad and different life – isolation in custody – back condition |
Bartlett
(28)
NSWCCA [105]
23.3.2005 | Import
Import cocaine | 306.8g pure cocaine
54g pure heroin | PG | 7y
NPP 4y 2m | AD | Nil | Accepted money to import powder from South Africa in shoes and on sanitary pad – didn’t know what powder was – full admissions and early plea
Sexually abused as child – daily use of heroin since 2000 – 5y daughter, in care of ex-husband – anxiety and depression – remorse |
Do
(49)
NSW CCA [258]
22.7.2005 | Import | 478.4g (pure) | VG | 8y
NPP 5y | AD | Nil | Vietnamese female brought drugs secreted in shoes – paying off gambling debt
Tragic childhood - Retrial |
Pham
(27)
NSW CCA [314]
12.9.2005 | Import | 244.6g (pure) | PG | 9y
NPP 5y 6m | AA
8y
NPP 4y 6m | Record | Brought in heroin from Bangkok – low level importer
Suffering psychological condition resulting from car accident – reasonable prospects of rehabilitation |
De Campos
(44)
NSW CCA [51]
28.2.2006 | Import | 280.2g (pure) | PG | 8y
NPP 5Y | AA
7y 6m
NPP 4y 6m | | South African woman imported drugs internally – seeking money to support mother
Discount should be given for offer to assist |
Vo
Tran
NSWCCA [165]
24.5.2006 | Conspiracy to import | 678.4g | PG | 9y
NPP 6y
6y
NPP 2y 6m | Crown AA (resentencing after failure to fulfil undertaking to assist authorities)
10y
NPP 6y 6m
6y 8m
NPP 2y 10m | | Vo was principal in organisation involved in importing heroin from Vietnam – Employed persons to recruit drug couriers.
Tran was Vo’s partner – Acted as assistant. |
Le
(40)
NSW CCA [136]
25.8.2006 | Import | 117.6g | PG | 7y 6m
NPP 5y | AD | Nil | Female imported drugs internally from Singapore
Deprived background – hardship to children |
Mirza
(35)
NSW CCA [257]
30.8.2007 | Import | 313.7g (pure) | PG | 9y
NPP 5y | AD | Nil | Heroin found in packaged taped to feet – left Australia for purpose of importing drugs
Financial difficulty |
| Case | Offence | Amount | Plea | Sentence | Appeal | Record | Facts |
Springer
NSW CCA [289]
16.10.2007 | Import | 96.4g
(71.8g pure) | PG | 6y
NPP (not stated) | AA
4y 6m
NPP 2y 9m | | Importation from Vietnam – drugs swallowed – SJ erred in assessment of applicant’s assistance to authorities. |
Seng
NSW CCA [335]
7.12.2007 | Import | 87.8g
(71.7g pure) | PG | 5y 6m
NPP 3y | AA
5y
NPP 2y 6m | | Importation for principal S from Cambodia – courier - drugs concealed internally – parity with co-offender E who had greater role. |
Huynh
NSW CCA [16]
8.2.2008 | Import | 141.30g
(108g pure) | PG | 4y
NPP 2y | Crown AA
6y
NPP 4y | | Importation from Vietnam – drugs swallowed – courier – conduct undertaken to reduce gambling debt. |
Danial
(59)
NSW CCA [15]
31.1.2008 | Import | 239g
94.4g (pure) | PG | 6y
NPP 4y | AD | Nil | Importation from Vietnam – drugs concealed in underwear – courier.
Suffering from cancer. |
Chea
(30)
Choun
(38)
Loeung
(25)
Oum
(35)
BS
(37)
Srey
(35)
Yin
(37)
NSW CCA [78]
21.4.2008 | Import | 146.8g (pure)
149.9g (pure)
169.7g (pure)
228.8g (pure)
239.2g (pure)
27.1g (pure)
222.8g (pure) | PG | 4y 5m
NPP 2y 11m
5y 6m
NPP 3y 6m
4y 5m
NPP 2y 9m
5y 6m
NPP 3y
5y 3m
NPP 2y 9m
3y 2m
NPP 2y 2m
5y 6m
NPP 3y | Crown AD
Crown AD
Crown AD
Crown AD
AA
5y 3m
NPP 3y
Crown AD
Crown AD
Crown AD
AA
5y 3m
NPP 3y | | Cambodian nationals travelled to Australia as a group – swallowed pellets of heroin – couriers – impoverished backgrounds
Chea – male - lost consciousness and required emergency surgery – assistance
Choun - male
Loeung – female – young child fostered in Australia – assistance
Oum – female – assistance
BS – female – young child in foster care – HIV positive – assistance
Srey – male - less deprived background – assistance
Yin – female - assistance |
TYN
(42)
NSW CCA [146]
15.5.2009 | Import | 242.3g (pure) | PG | 6y
NPP 3y 9m | AD | Minor | Courier – travelled to Vietnam and swallowed heroin before returning to Sydney
Drug user – provided assistance – remorse – reasonable prospects of rehabilitation |
Brink
NSW CCA [217]
22.9.2010 | Import
(cocaine and heroin) | 210.5g cocaine
281.9g heroin. | PG | 8y 6m
NPP 5y | AD | | Brought in drugs concealed in picture frames from South Africa – suspicious that frames contained drugs
Amputated leg |
