Public Defenders
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Drugs - Heroin - Supply 50-250 grams

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


· s.25(1) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug
· s.32(1)(g) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 15 years (less than commercial quantity)
· Commercial quantity - 250g



CaseOffenceAmountPleaSentenceAppealRecordFacts
Kelly
NSW CCA 11.6.1992
3 x Supply
1 x Knowingly take part in supply
5g
56g
5g
VGMT 5y
AT 20m
ADFemale - 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 Supply14.4g
67.43g
PGMT 2y
AT 18m
(concur with existing sentence)
Crown AA
MT 3y
AT 1y
Third offence committed on bail and serving PDNov 1989 and Mch 1991. Exceptional hardship on third party. Part of commercial operation.
Edwards
(44)
NSW CCA 14.8.1992
Supply60gPGMT 7y
AT 2y
AA
MT 4y
AT 1y 4m
long history of drug offencesSupply 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
VGMT 4y
AT 1y 4m
(+ 1y 3m PSC)
ADPriors 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
VGMT 6y 3m
AT 2y 1m
(+3 1/2m PSC)
AA
MT 4y
AT 15m
Lengthy2 actual supplies - third supply was agreement to supply only.
Davis
NSW CCA 3.2.1994
2 x Supply114g
Small amounts
VGMT 3y 9m
AT 1y 3m
Conviction ADSupplied to undercover police. Small amounts found at house.
Grace
(31)
NSW CCA 22.2.1994
2 x Supply12.4g
138.6g
PGMT 4y
AT 1y
ADno drugs but bond for BESSupplied on two occasions to undercover police officer
Rahme
NSW CCA
2.3.1994
5 x Supply4.5 oz (127.35g)
3 oz
(84.9g)
PGMT 2y 6m
AT 10m
ADAgreed 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
Supply82.66gVGMT 3y
AT 3y
Conviction ADSupply to undercover police officer – Scales and .85g found in home
Dibella
NSW CCA
24.8.1994
3 x Supply4.35g
8.2g
111.4g
PGMT 2y
AT 8m
AA
MT 15m
AT 9m
minorActual 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 Supply131.7g
9.6g (morphine)
VGMT 4y
AT 16m
ADDrugs and $42,800 cash found in search of house
Gerassimou
NSW CCA
14.10.1994
Supply

Sched:
Supply
2oz (56g)PGMT 4y
AT 1y 4m
AA
exceptional circumstances
MT 3y
AT 12m
extensiveArranged sale of H to police
Delay
Karam
(1995) 83 A Crim R 416
Supply
Knowingly take part in supply
28.2g
211g
VGMT 5y
AT 3y
ADdishonesty and violenceCo-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
168.19gPG on SI2y PDCrown AA
MT 18m
AT 12m
Long record including drugs. On bail for supplySupply to undercover police officer. Major assistance causing major danger.
Jocic
NSW CCA 28.4.1995
Supply

Sched:
Attempt supply 13.9g
109.3gPGMT 3y 5m
AT 14m
ADSupply 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
ADIncluding 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 Supply29.4g
78.3g
2.5 oz
PG12m PD
3y Bond
Crown AA
FT 10m
(takes into account 2m PSC and PD already done)
NilActual 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
40-75gPGMT 3y
AT 1y
ADnot seriousDuring one month 230 phone conversation intercepted regarding drugs. Amounts small. Relatively sophisticated operation involving three people.
Heroin addict.
Duff
NSW CCA
17.9.1998
Supply57.37gVGMT 18m
AT 18m
ADObserved 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
Supply196.9gPGMT 4y
AT 2y
ADSupply 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
Supply1.05g
141g
PGMT 3m
AT 9m
Crown AD
manifestly inadequate but discretion applied
priors for supply - on bail for supplyFemale - 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
Supply180gVGMT 2y 8m
AT 2y
(+4m PSC)
ADnilSold heroin with co-offender to undercover police officers.
Tulloh
(42)
Supply
Knowingly take part in supply

Sched:
4 offences
60-90g
Half oz
PGMT 2y 9m
AT 11m
AD
sentences are wholly inadequate
Extensive recordHeroin 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
Supply147.7gPGMT 5y
AT 2y
ADprior convictions for drug dealingFound 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
PGMT 3y
AT 2y
AA
3y
NPP 18m
nil priors - on bail for affrayArranged 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
50.1PGMT 4y
AT 1y 4m
ADprevious drug convictionsFound 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
Supply74.9gPG5y
NPP 2y 6m
AA
4y
NPP 2y
prior convictions relating to drug addictionFemale - 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
unstatedPG4y 9m
NPP 3y 6m
AA
4y 9m
NPP 2y 8m
significant - related to drug addictionCharge originally involved commercial quantity of heroin.
Delay of 10 years due to successful conviction appeal.
Hoang
NSW CCA [485]
30.11.2001
Supply54.8gVG5y
NPP 2y 6m
ADFound 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
PG6y 3m
NPP 3y
ADprior convictions including AR - Breached parole and bondAssisted 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 Supply0.37g
84g
PG4y 6m
NPP 3y 6m
AA
4y
NPP 2y 6m
NilSupplied 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
PG4y 6m
NPP 2y 9m
AA
4y
NPP 2y
Record for supplyFound 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 200gPG2y 6m
NPP 1y 9m
Crown AA
6y
NPP 3y 9m
Lengthy, inc BES, supply etcFound 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
51gPG2y
NPP 1y
suspended

2y
NPP 15m
Crown ADOn bond for driving offenceHusband and wife – facts of offence not provided.
SJ took into consideration hardship to young children.
Truong
(28)
NSW CCA [318]
6.10.2006
Supply55.9gPG2y 6m
NPP 1y 10m
ADRecord including custodyInvolved in supply – carried drugs for friend
Vietnamese
Nguyen
(57)
NSW CCA [367]
24.11.2006
Supply96.9gPG2y
NPP 12m
Crown ADPriors for drug offences – breached bondFemale 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
84.61gVG5y
NPP 3y 9m
ADLenghty. 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
Supply69.2gVG6y 6m
NPP 4y
ADOn 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 Supply27.1g
Qty of second charge not known
PG7y 6m
NPP 4y 6m
ADNilPolice 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
Supply27.2gPG5y
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.







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