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Drugs - Heroin - Possess Prohibited Import- Trafficable 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 – 1.5kg
    (repealed 6.12.2005)

    Criminal Code (Cth)
    s.307.6 – possess marketable quantity unlawful import
    s.307.9 – possess marketable quantity reasonably suspected unlawful import
    Maximum penalty – 25y
    Commercial quantity –1.5kg
    Marketable quantity – 2g



    CaseOffenceAmountPleaPriorsSentenceAppealFacts
    Ghomari
    NSW CCA
    12.4.1991
    Possess345g (pure)PGMT 8y
    AT 2y 8m
    ADCourier
    Lam
    (1991) 53 A Crim R 118
    Possess1.433kg (pure)PGMT 7y
    AT 2y 4m
    ADNo role in importation - minding it for someone else. Culpability well down the line. To receive reward of $10,000.
    Mai




    Tran

    (1992) 60 A Crim R 49
    Possess
    Attempt possess



    Possess
    50g of 6.9kg importationVG




    VG
    MT 10y
    AT 3y
    FT 5y (concurrent)

    MT 10y
    AT 3y
    ADSuitcase arrived in Australia as unaccompanied luggage. Intercepted and controlled delivery established. Picked up by T. M later apprehended with substituted block. Dealt with as major operators.
    Ayoub
    (60)
    NSW CCA 10.3.1994
    Possess295.8g (pure)PGnil18mth
    to be released to recog after 9m
    Crown AA
    3y
    to be released to recog after 18m
    Female offender from Lebanon. Sent heroin in package from Lebanon. Intercepted and controlled delivery arranged. She accepted delivery and signed. Advised a male that the ‘present’ had arrived. Agreed to co-operate with police against co-accused.
    Lawless
    NSW CCA
    24.6.1994
    Possess345g (pure)VGnil5y
    NPP 3y
    AD2 Nepalese couriers made controlled delivery to A- wired by police. Took possession of only 16g but regarded as part of wider intention. Played significant part in intended distribution.
    Lama
    NSW CCA
    4.8.1995
    Attempt possessJust under 1.5kgG
    (SI)
    8y
    NPP 5y 2m
    (assistance)
    ADCollected drugs from courier to hold for principal.
    Without assistance sentence would have been 10y NPP 6y
    Hoi
    NSW CCA [6]
    24.2.1999
    Attempt possessA little more than 1kgG
    (after 2 weeks of trial)
    conviction for possession drugs in Hong Kong5y 4m
    NPP 3y 6m
    Crown ADHeroin imported in carbon paper packed in glass pictures. Arrived with co-offender to transport goods to Melbourne. Courier.
    Tu
    NSW CCA [357]
    22.10.1999
    Possess670g (pure)prior for deemed possession9y
    NPP 6y
    AA
    6y
    NPP 4y
    2 parcels of heroin found in unit. Minder
    Refugee with unfortunate employment history.
    Huang
    NSW CCA [238]
    (2000) 113 A Crim R 386
    Attempt possess809.5g (pure)PGnil8y
    NPP 5y
    ADTook delivery of heroin imported by co-offender at Hotel. Dealt with as a courier.
    Family hardship; difficulty in gaol because foreigner.
    Karacic
    NSW CCA [12]
    (2001) 121 A Crim R 7
    Attempt possess453.8g (pure)PGno gaol10y
    NPP 7y
    AA
    8y
    NPP 5y
    Attempted to take delivery of drugs sent from Hong Kong to computer company. Used letterheads and postal address of uninvolved company to take delivery of drugs. Greater than mere courier.
    Besodi
    (over 50)
    NSW CCA [452]
    20.11.2002
    Attempt possess14.6g (pure)PGnil8y
    NPP 5y
    AA
    6y
    NPP 3y 9m
    Took delivery of package containing heroin - Organiser
    Afghan - Well established business - Prominant community work
    Bousehjin
    (38)
    NSW CCA [86]
    25.3.2003
    Possess720g (pure)PGnil8y
    NPP 5y 4m
    ADPicked up drugs from courier at hotel in controlled delivery- Higher than courier
    Iranian - Suffers substantial back injury




    POST REPEAL s.16G

    CaseOffenceAmountPleaRecordSentenceAppealFacts
    Dang
    (25)
    NSW CCA [265]
    28.7.2004
    Attempt possess92g (pure)PGFailure to report excess currency7y 6m
    NPP 5y
    ADPackage forwarded to offender from Vietnam intercepted by customs officers, containing four packages of heroin concealed in two hardcover books – street value $176,400-$223,440.
    Offender on expired student visa.
    Aksu
    (24)
    NSW CCA [284]
    18.8.2004
    Att possessPG4y 3m
    NPP 2y 6m
    Crown ADminorImportation from Hong Kong of 708.5g pure heroin – controlled delivery – co-offenders sentenced for importation
    Recruited to collect package - favourable prospects of rehabilitation
    Okafor
    NSW CCA [147]
    30.5.2007
    Attempt possess108g (pure)VG6y
    NPP 4y
    ADGood characterAttempted to collect package containing drugs from post box




    CRIMINAL CODE

    CaseOffenceAmountPleaRecordSentenceAppealFacts
    El-Ghourani
    NSW CCA [140]
    7.5.2009
    Att possess181.5gPGPriors – possess drug9y
    NPP 6y
    ADWas to receive drugs sent in timber frames in packages – controlled delivery – more than mere courier
    Married with children





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