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Drugs -Heroin - Supply Commercial Quantity

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(2) Drug Misuse and Trafficking Act 1985 (NSW) - supply prohibited drug (commercial quantity)
· s.33(2) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty 20 years
· Commercial quantity - 250g
· Large commercial quantity - 1kg
· 1oz = approx 28g


CaseOffenceAmountPleaSentenceAppealRecordFacts
Ghassibe
(34)
NSW CCA
9.11.1993
Supply1 PdVGOriginal sentence imposed for 2 counts of supplyResentenced after successful conviction appeal on first count
MT 3y
AT 1y
nilAgreed to supply undercover police with a pound of heroin.
Minor player, good subjective features.
Tran
(56)
NSW CCA
25.11.1993
Supply338.5gPGMT 4y
AT 1y
50% discount for assistance
AA
MT 3y 9m
AT 1y 3m
nilTaking drugs to Adelaide. To be paid $2,000 as courier.
Chung
NSW CCA 9.3.1994

Ma
NSW CCA 31.5.1995
Supply



Supply
371g



371g
PG



PG
MT 6y
AT 2y


MT 6y
AT 2y
AA
MT 5y
AT 1y 8m

AA
MT 5y 10d
AT 1y 7m 21d
minorSupply made to undercover police officer for $110,000. Arrangements made with C, supply made by M. 75% pure. Supply for profit.
Sentenced on incorrect maximum penalty.
Wagner
NSW CCA
30.3.1994
Knowingly take part in supply

Sched:
Possess leaf
252gPGMT 6y
AT 3y
AA
(parity only)
MT 4y
AT 2y
on bail for supply at time of offenceSupplied drug to undercover police officer. Regarded as middleman of the operation, not as heavily involved as co-A. A believed amount of drug was less than 250, but agreed to plead to the commercial amount.
Niga
NSW CCA 13.4.1994
Supply315.4g purePG on SI3y PDCrown AD
sentence inadequate but Court declined to intervene
Young, single mother with children. Sentence Indication. Assisted co-A by retrieving drugs from hiding place for dealer and minding money - minor, isolated and temporary involvement.
P Challita
(26)


M Challita
(27)

NSW CCA
14.4.1994
Knowingly concerned in supply


Supply

Sched:
Possess 3.7g heroin
Resist arrest
Assault police
340gPGMT 3y 9m
AT 1y 3m



MT 6y
AT 2y
ADnil




nil
Caught red-handed after police surveillance and undercover operation. M conducted actual supply, P involved in preparation.
Asaad
NSW CCA
5.10.1994
2 x Supply (less comm.)
Supply (comm.)
34.9g
27.7g
1 pd
VGMT 4y 6m
AT 18m
ADActual supply
Offer to supply. Apprehended before transaction took place.
Chu
NSW CCA 22.2.1995
Supply350.64gVGMT 7y 6m
AT 2y 6m
AD79% purity. Observed by police supplying heroin. Later attended meeting set up by police.
Simionescu
(43)
NSW CCA
23.4.1996
Supply (less comm.)
Supply (comm.)
6.3g
287g
PGMT 4y 6m
AT 18m
ADno drugsSupplied to undercover police officer.
Xerri
(49)
NSW CCA 18.7.1996
Supply
Knowingly concerned in supply
4oz
12oz
PGMT 4y
AT 16m
AA
MT 3y 3m
AT 1y 1m
no gaol or drugsActual supply of 4oz – Had 12oz in car to complete supply – Financial gain
Parity
To
NSW CCA 20.11.1996
Supply (less comm.)
Supply (comm.)
225g
900g
PGMT 5y 6m
AT 3y
ADnil relevantFirst count was actual supply. Second count was offer. Serious case of drug dealing for profit. Included other supplies of samples, although not the subject of any charge.
Brehoi
(38)
NSW CCA
16.12.1996
4 x Supply (less comm.)
Supply (comm.)
1 pd
112.4g
248g
9.5g
PGMT 4y
AT 2y 6m
ADOn bail for drug charges when committed 3 offences
Lengthy record including supply H.
Agree to supply 1 pd
Actual supply
Admission to selling
2 x deemed supply.
August 1991 - December 1993.
Jin
NSW CCA 9.7.1997
Knowingly take part in supply
Supply (less comm.)

Sched:
GIC
12 oz 96.27gPGMT 5y
AT 2y
ADnilCaught as a result of extensive surveillance. Second count related to 96.27g heroin found in A’s car. Offence committed out of need not greed.
Pauna
NSW CCA
2.12.1997
2 x Supply (comm.)
Supply (less comm.)
3 x Supply (less comm.)
See factsVG

VG

PG
MT 10y
AT 3y 4m
ADSupplier of heroin on large scale over 5y – sold in small amounts
Lin
(35)
NSW CCA
2.7.1999
Knowingly take part in supply
Supply
474g
365.1g
PGMT 6y
AT 2y
ADnilConveyed 474g heroin to location where it was handed to undercover police. 365.1g heroin found in flat. Courier and warehouser. Seen in company of significant players.
Ambatsidis
(30)
NSW CCA [125]
14.4.2000
2 x Supply1 kg
.22g
PGMT 3y 9m
AT 2y 3m
ADrecord in Qld and VicAgreed to supply undercover police officer 1kg heroin. Actual supply of .22g.
Addicted to heroin as result of pethidine treatment when badly burned.
Luong
NSW CCA
14.4.2000

Co-Offender: NGUYEN
Supply716.5gVGMT 8m
AT 2y 10m
Crown ADnilJoint possession of heroin found in car with husband. Scales and money also found. Supporting gambling addiction.
Mother of three children. Gave birth to baby shortly after arrest and no facilities to stay with baby until after appeal. Husband gaoled Lack of English. Suffering depression. MT expired 6mths ago.
D’Amico
NSW CCA [290]
2.8.2000
Knowingly take part in supplySee factsPGMT 4y
AT 2y
ADFemale - Employed two runners to deliver drugs to customers - over 60 day period bought 350g, used 60-90g herself, paid runners 60g and sold balance.
Supported own habit - 4y old daughter.
Nguyen
NSW CCA [547]
8.12.2000

Co-Offender:
LUONG
Supply727gPGMT 4y 6m
AT 18m
ADnil priorAppellant and wife driving from Melbourne to Sydney with drugs in car.
Addicted to gambling - played primary role in offence.
Pham
NSW CCA [101]
26.3.2001
Supply (less comm.)
Supply (comm.)
7g
10 ounces
PGMT4y
AT 2y
ADdrug offencesSupplied 7g heroin to undercover police officer - later supplied 10 ounces.
Addict
Long
(20)
NSW CCA [159]
30.4.2001
Supply

Sched:
GIC
Self-admin heroin
352.6g
358.8g
PG
(25%)
6y
NPP 4y 6m
ADon recog for same offenceArrested at airport intending to take two blocks of heroin to Adelaide.
Sad personal history, threatened with violence, drig addiction, suffering major depressive disorder,
Nguyen
(25)
NSW CCA [183]
16.5.2002

Co-Accused: KIRIKIAN
TUTOVEANU
Supply

Sched:
Knowingly take part in supply comm. Qty
700g


700g
PG5y 6m
NPP 2y 6m
Crown AA
8y NPP 5y
Assault police offences – treated as not significantTook part in major scheme importing heroin between Gold Coast and Sydney. Sydney supplier. Supplied 2 x 350g blocks taken to Gold Coast. Further supply of 700g to take place when police intervened
User. Good background.
Nguyen
(35)
NSW CCA [333]
21.8.2002
Supply423gPG4y
NPP 3y
AA
4y
NPP 2y
nilFound in possession of heroin at home - Was to deliver heroin for $2,000 - Lower end of scale of involvement
Remorse - Wife with three children - At time of offence suffering financial and family difficulties
Malek
(60)
NSW CCA [424]
15.10.2002
2 x Knowingly concerned in supply (heroin and cocaine)See factsPG8y
NPP 4y
AA
6y
NPP 2y 9m
nil relevantWorked at brothel as manager / bookeeper - Aware girls being supplied with heroin and cocaine over 17 months - Involved in some bookeeping - No evidence received proceeds from supply
Remorse - Health
Kirikian
(44)
NSW CCA [422]
15.10.2002

Co-offender: NGUYEN
NSW CCA [183] 16.5.2002
TUTOVEANU
2 x Knowingly concerned in supply1.4kgPG6y
NPP 3y
ADsupply cannabis leafBroker in drug transactions - Negotiated price and arranged payment and delivery
Assistance - Remorse
Wong
NSW CCA [527]
18.12.2002
Knowingly take part in supply (less comm.)
Knowingly take part in supply (comm.)
1 oz
1 pound
VG6y
NPP 5y
AA
6y
NPP 4y
nil relevantSupplied 1 oz heroin to co-offender who supplied to undercover police officer. Agreed to supply 1 pd – Active and major principal
Original sentence structure erroneous.
Marakarian
(36)
NSW CCA [8]
7.2.2003
Knowingly take part in supply

Sched:
Supply heroin
Supply cannabis
Possess heroin
GIC
415gPG2y 6m
NPP 15m
Crown AA
8y
NPP 4y 6m
on parole for drug offenceChauffeur for primary offender - Involved in other tasks
Some prospects of rehabilitation - Addiction
Shalala
NSW CCA [330]
11.11.2003
Supply260.4gVG7y
NPP 5y
ADNot statedDeemed supply – little facts given
X (Miss X)
NSW CCA [93]
8.4.2004
Conspiracy supply618gPG2y suspended sentenceCrown AA
2y 6m
NPP 1y 6m
Head of drug syndicate in Newcastle – Responsible for purchase and distribution – Paid couriers and employed a manager – Drugs with value of $150-176k – Return of $309k throughout conspiracy.
Background of dysfunction and violence.
Mother of five children – SJ erred in treating family circumstances as exceptional circumstances.
Fakhreddine and
Doudar
NSW CCA [354]
13.10.2004
Supply421.3gPG12y
NPP 8y
ADAR – breached paroleInvolved in purchasing drugs and packaging and supplying drugs through runners – With co-offender manager and controller of extensive drug syndicate
So
NSW CCA [362]
25.10.2004
Supply
H and cocaine
Not found but not less than commercialPGTotal:
13y
NPP 10y 6m
(concur terms)
ADNilPrincipal in a sophisticated enterprise which distributed small amounts of cocaine and heroin out of Kings Cross, with 7 ‘runners’ – TJ unable to find the quantities supplied
prior good character – relative youth – excellent prospects of rehabilitation – unlikely to re-offend
Tutoveanu
NSW CCA [149]
20.4.2005

Co-offenders:
KIRIKIAN
NGUYEN
NSW CCA [183] 16.5.2002
Knowingly take part
Supply
12.5ozVG

PG
13y
NPP 8y
ADInvolved in attempted supply of 12.5oz – Heroin seized by police – Second order arranged to pay for loss of first heroin – Significant involvement
Ancuta
NSW CCA [275]
17.8.2005
Supply
(deemed)
701.6gPG9y
NPP 6y 6m
AA
8y
NPP 5y
MinorFound in possession of heroin – paid $250,000 for drugs – travelled from Brisbane to Sydney
Health problems
Martin
(50)
NSW CCA [381]
10.11.2005
SupplyApprox 1kgPG8y
NPP 6y
ADAppalling record with serious offencesFemale – Joint enterprise with sister in business of supplying heroin through network of lower level suppliers – Principal
Recently diagnosed with ADHD
Tran
(44)
NSW CCA [266]
30.8.2006
Supply

Sched:
24 related offences
834.9gPG8y
NPP 5y
AA
7y
NPP 4y 3m
Minor recordMiddleman / broker – permitted premises to be used for exchange of drugs – introduced buyer to supplier – to receive $4,000
Significant addiction – good prospects of rehabilitation – assistance – parity (Lam (2006) NSW CCA [11]
2.2.2006 / Lo (2005) 159 A Crim R 71 – supply large comm. qty)
Vu
(36)
NSW CCA [2]
24.1.2007
Supply792.1gVG10y 8m
NPP 8y
AA
8y
NPP 6y
NilFlew to Brisbane with co-offender to arrange supply – subsequently found in possession of drugs ready for supply – less significant role
Vietnamese – parity to co-offender Vu [2006] NSW CCA 188 – (lge commercial qty heroin)
Nguyen
(38)
NSW CCA [15]
7.2.2007
SupplyApprox 1kgPG10y
NPP 6y
ADNilSupplied family of drug dealers over 4 months – wholesaler at top of hierarchy
Deprived childhood in Vietnam – drug and gambling addiction
Ma
(20)




Pham
(22)

NSW CCA [240]
8.8.2007
Supply

Sched:
3 x Drug premises off

Supply

Sched:
3 x drug premises off
PG




PG
10y 6m
NPP 7y



9y
NPP 5y 6m
AD




AD
Minor drug offences



Minor drug offences – breached bond
Involved in well planned organisation distributing heroin in Liverpool area over 2 months – number of premises used
M – manager – purchased large amounts of heroin for on-supply – user – prospects of rehabilitation – protective custody
P – street dealer – user – genuine remorse – good prospects of rehabilitation
Huynh
NSW CCA [65]
13.3.2009
Supply350gVG13y
NPP 10y
ADOffence committed after 1.2.2003
Female – 350g found in possession of co-offender in Sydney – supply took place in Melbourne – mid-range – not isolated offence
Vietnamese




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