| Case | Offence | Amount | Plea | Sentence | Appeal | Record | Facts |
Kelly
NSW CCA 11.6.1992 | 3 x Supply
1 x Knowingly take part in supply | 5g
56g
5g | VG | MT 5y
AT 20m | AD |  | Female - Principal. 3 actual supplies. Knowingly took part over one month. Female. Charges part of large scale operation. |
Dimovski
(37)
NSW CCA 3.8.1992 | 3 x Supply | 14.4g
67.43g | PG | MT 2y
AT 18m
(concur with existing sentence) | Crown AA
MT 3y
AT 1y | Third offence committed on bail and serving PD | Nov 1989 and Mch 1991. Exceptional hardship on third party. Part of commercial operation. |
Edwards
(44)
NSW CCA 14.8.1992 | Supply | 60g | PG | MT 7y
AT 2y | AA
MT 4y
AT 1y 4m | long history of drug offences | Supply over nine months. Drug addict. Police found 0.1g in house. Admitted purchasing drugs, keeping some and selling to support habit. Judge decided 60g involved. Serious efforts made at rehabilitation. Heroin addict for 20 years |
Attalah
(39)
NSW CCA 16.2.1993 | 2 x Supply | $50 deals
225.6g | VG | MT 4y
AT 1y 4m
(+ 1y 3m PSC) | AD | Priors for drugs (234g heroin) | Supplied $50 deals to female on 4 occasions – Observed purchasing heroin for $40,000 for purpose of re-sale. Discount for assistance 1/6. |
Sarca
(32)
NSW CCA 11.5.1993
Horvat
NSW CCA
9.3.1994 | Supply
Accessory to supply | 222g
222g | PG
VG | MT 3y 6m
AT 12m
(+ 4 1/2m PSC)
MT 3y
AT 12m | AD
AD | nil drugs, primarily driving
significant | Actual supply to undercover police officer.
AS – facilitator – negotiated and handed over drugs – ill wife – good subjective features
DH – involved to significant extent |
Higgins
(40)
NSW CCA 15.12.1993 | 3x Supply | .35g
11.9g
224g | VG | MT 6y 3m
AT 2y 1m
(+3 1/2m PSC) | AA
MT 4y
AT 15m | Lengthy | 2 actual supplies - third supply was agreement to supply only. |
Davis
NSW CCA 3.2.1994 | 2 x Supply | 114g
Small amounts | VG | MT 3y 9m
AT 1y 3m | Conviction AD |  | Supplied to undercover police. Small amounts found at house. |
Grace
(31)
NSW CCA 22.2.1994 | 2 x Supply | 12.4g
138.6g | PG | MT 4y
AT 1y | AD | no drugs but bond for BES | Supplied on two occasions to undercover police officer |
Rahme
NSW CCA
2.3.1994 | 5 x Supply | 4.5 oz (127.35g)
3 oz
(84.9g) | PG | MT 2y 6m
AT 10m | AD |  | Agreed to supply 4oz to undercover police officer – additional ½ oz to be supplied - taped phone calls agreeing to supply three separate amounts (totalling 3oz). |
Bulejick
NSW CCA
21.7.1994 | Supply | 82.66g | VG | MT 3y
AT 3y | Conviction AD |  | Supply to undercover police officer – Scales and .85g found in home |
Dibella
NSW CCA
24.8.1994 | 3 x Supply | 4.35g
8.2g
111.4g | PG | MT 2y
AT 8m | AA
MT 15m
AT 9m | minor | Actual supplies to police officer. Third supply was an agreement to supply but withdrew.
On appeal Crown could not prove BRD that A had not withdrawn from third supply. |
Hamzy
NSW CCA
5.10.1994 | 2 x Supply | 131.7g
9.6g (morphine) | VG | MT 4y
AT 16m | AD |  | Drugs and $42,800 cash found in search of house |
Gerassimou
NSW CCA
14.10.1994 | Supply
Sched:
Supply | 2oz (56g) | PG | MT 4y
AT 1y 4m | AA
exceptional circumstances
MT 3y
AT 12m | extensive | Arranged sale of H to police
Delay |
Karam
(1995) 83 A Crim R 416 | Supply
Knowingly take part in supply | 28.2g
211g | VG | MT 5y
AT 3y | AD | dishonesty and violence | Co-offender arranged for sale of drugs to police officer on separate occasions - K regarded as source of drugs. |
WHS
NSW CCA
27.3.1995 | Supply
Sched:
Deemed supply 9.54g | 168.19g | PG on SI | 2y PD | Crown AA
MT 18m
AT 12m | Long record including drugs. On bail for supply | Supply to undercover police officer. Major assistance causing major danger. |
Jocic
NSW CCA 28.4.1995 | Supply
Sched:
Attempt supply 13.9g | 109.3g | PG | MT 3y 5m
AT 14m | AD |  | Supply and attempt supply to undercover police officer
On appeal: “This court has been at pains to point out that there is no tariff based upon amounts, albeit amount is a question to be taken into account in determining sentence.” pp.7-8 |
Richards
(33)
NSW CCA
27.11.1995 | Supply
3 x Supply | 2oz (56.6g)
5g
4.9g
13.9g | VG
PG | MT 7y 10.5m
AT 2y | AD | Including drugs. Later charges committed on bail for first offence. | Dealing with undercover police officer. Principal of well organised operation. |
Lam
NSW CCA 21.2.1996 | 3 x Supply | 29.4g
78.3g
2.5 oz | PG | 12m PD
3y Bond | Crown AA
FT 10m
(takes into account 2m PSC and PD already done) | Nil | Actual supply to undercover police and agreement to supply. Mitigating subjective features including health problems. |
Mlacic
(32)
NSW CCA
25.5.1998 | Knowingly take part in supply
Sched:
3 offences | 40-75g | PG | MT 3y
AT 1y | AD | not serious | During one month 230 phone conversation intercepted regarding drugs. Amounts small. Relatively sophisticated operation involving three people.
Heroin addict. |
Duff
NSW CCA
17.9.1998 | Supply | 57.37g | VG | MT 18m
AT 18m | AD |  | Observed by police and drugs with $17,380 found in car.
Fresh evidence of assistance no effect on lenient sentence. |
Yin
NSW CCA
30.11.1998 | Supply | 196.9g | PG | MT 4y
AT 2y | AD |  | Supply to undercover police officer. Above a street dealer but not at the top – distributor.
Family breakdown led to heroin addiction. Motivation was personal use. |
Smith
(46)
NSW CCA
9.12.1998 | Supply | 1.05g
141g | PG | MT 3m
AT 9m | Crown AD
manifestly inadequate but discretion applied | priors for supply - on bail for supply | Female - Supply of heroin over a period of time with boyfriend. Actual supply of 1.05g - 141g found at house.
Delay in sentencing of five years. During that time good rehabilitation. Addicted at time of offence - now on methadone. |
Ahmandi
NSW CCA [161]
23.6.1999 | Supply | 180g | VG | MT 2y 8m
AT 2y
(+4m PSC) | AD | nil | Sold heroin with co-offender to undercover police officers. |
Tulloh
(42) | Supply
Knowingly take part in supply
Sched:
4 offences | 60-90g
Half oz | PG | MT 2y 9m
AT 11m | AD
sentences are wholly inadequate | Extensive record | Heroin addicts followed practice of ordering heroin over phone, driving to Sydney to collect heroin and selling from home in Goulburn. Made approx 10 sales a day over one month.
Second offence involved arrangements to purchase half an ounce on behalf of another person |
Tran
(37)
NSW CCA [409]
4.10.2000 | Supply | 147.7g | PG | MT 5y
AT 2y | AD | prior convictions for drug dealing | Found in possession of $80,000 - Heroin, $109,000 and items associated with distribution found in house.
Family background, effect of work injury, rehabilitation. |
Diep
(21)
NSW CCA [472]
22.11.2000 | 2 x Supply
Sched:
2 offences | 56g
28g | PG | MT 3y
AT 2y | AA
3y
NPP 18m | nil priors - on bail for affray | Arranged for supply of heroin to undercover police officer on 2 occasions
Concurrent to sentence for affray
Parity. |
Rotariu
(56)
NSW CCA [546]
6.12.2000 | Supply
Sched:
GIC | 50.1 | PG | MT 4y
AT 1y 4m | AD | previous drug convictions | Found in possession of heroin and $3,275 – Admitted supplying heroin on previous occasions to raise money to send to family in Romania. |
Van-Oostveen
(48)
NSW CCA [288]
2.8.2001 | Supply | 74.9g | PG | 5y
NPP 2y 6m | AA
4y
NPP 2y | prior convictions relating to drug addiction | Female - Found by police in possession of heroin. Claimed primarily for own use but agreed would supply to brother and possibly friends - Judge erred in finding drug entirely for supply.
Long term heroin addict - mother to two young daughters. |
Scott
(44)
NSW CCA [418]
15.10.2001 | Supply
Sched:
3 traffic off | unstated | PG | 4y 9m
NPP 3y 6m | AA
4y 9m
NPP 2y 8m | significant - related to drug addiction | Charge originally involved commercial quantity of heroin.
Delay of 10 years due to successful conviction appeal. |
Hoang
NSW CCA [485]
30.11.2001 | Supply | 54.8g | VG | 5y
NPP 2y 6m | AD |  | Found in possession of heroin at scene of car accident - involved for financial gain - not an addict |
Van
NSW CCA [148]
3.5.2002 | 2 x Supply
Sched:
GIC | 111g
164.9g | PG | 6y 3m
NPP 3y | AD | prior convictions including AR - Breached parole and bond | Assisted in supply of 111g by co-offender to undercover police officer - Found in possession of 164.9g in house |
Vu
(42)
NSW CCA [316]
31.10.2003 | 2 x Supply | 0.37g
84g | PG | 4y 6m
NPP 3y 6m | AA
4y
NPP 2y 6m | Nil | Supplied to undercover police officer
Ill health – Good prospects of rehabilitation |
Boicuic
(42)
NSW CCA [146]
12.5.2004 | 2 x Supply
Sched:
3 x GIC | 0.13g
27.4g
0.45g
3.21g
23.9g | PG | 4y 6m
NPP 2y 9m | AA
4y
NPP 2y | Record for supply | Found in possession of drugs on person and in house
Failure to give discount for guilty plea – Traumatic experience in gaol finding cellmate hanged |
Lilley (52)
NSW CCA [424]
20.12.2004 | Supply
Sched:
2 offences | Approx 200g | PG | 2y 6m
NPP 1y 9m | Crown AA
6y
NPP 3y 9m | Lengthy, inc BES, supply etc | Found in possession of seven 1oz bags of approx 40% purity – selling to support habit
Heroin addict – had recently resumed habit – remorse |
Gip
Ly
(2006) 161 A Crim R 173 | Supply
Supply | 51g | PG | 2y
NPP 1y
suspended
2y
NPP 15m | Crown AD | On bond for driving offence | Husband and wife – facts of offence not provided.
SJ took into consideration hardship to young children. |
Truong
(28)
NSW CCA [318]
6.10.2006 | Supply | 55.9g | PG | 2y 6m
NPP 1y 10m | AD | Record including custody | Involved in supply – carried drugs for friend
Vietnamese |
Nguyen
(57)
NSW CCA [367]
24.11.2006 | Supply | 96.9g | PG | 2y
NPP 12m | Crown AD | Priors for drug offences – breached bond | Female carried drugs internally from Melbourne to Sydney – Courier
Personal hardships – Vietnamese – gambling addiction – remorse – good prospects of rehabilitation - assistance |
Phillips
(34)
NSW CCA [211]
13.7.2007 | Supply
Sched:
Driving under influence of drug; Possess drugs | 84.61g | VG | 5y
NPP 3y 9m | AD | Lenghty. On conditional liberty. | Drugs found by police in bag in appellant’s vehicle – street value $60k – Appellant (driver) and passenger both under influence of drugs. |
Dieguez
[30]
NSW CCA [147]
7.4.2008 | Supply | 69.2g | VG | 6y 6m
NPP 4y | AD | On bail. First custodial sentence. | Drugs found in bag on appellant’s lap whilst sitting in vehicle – seated with another male who was injecting drugs.
Court accepted appellant had not engaged in supply on more than one occasion, but was substantially involved in the act of supply on this occasion. |
Ha
NSW CCA [141]
24.6.2008 | 2 x Supply | 27.1g
Qty of second charge not known | PG | 7y 6m
NPP 4y 6m | AD | Nil | Police surveillance - sold heroin to D who was arrested leaving A’s premises – police search of A ‘s premises found drug paraphernalia and large sums of money – part of commercial operation. |
Melikian
(46)
NSW CCA [156]
10.7.2008 | Supply | 27.2g | PG | 5y
NPP 3y 9m | AA
4y 6m
NPP 3y | Drug offences. On parole. | Police surveillance – Arranged for purchase of drugs by third person – Acted as facilitator / conduit – Street value between $6900 - $12k.
Appeal allowed on parity ground. |