Public Defenders
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Drugs - Heroin - Supply Large 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(3) Drug Misuse and Trafficking Act 1985 (NSW) - maximum penalty life
· Large commercial quantity - 1kg



CaseOffenceAmountPleaSentenceAppealRecordFacts
Chan
(43)
NSW CCA [103]
29.4.1999
3 x Supply
Knowingly take part in supply large comm quantity

Sched:
3 offences
408.06g
1231.1g
55.98g
27.92g
PGMT 3y 6m
AT 2y
Crown AA
MT 5y 9m
AT 2y 9m
Nil
later offences committed on bail
408.6g heroin found in A’s pocket – deemed supply.
Used post office boxes under different names to receive 1231.1g heroin in envelopes.
Supplied 55.98g to undercover police.
27.92g found in car.
Directing party in offences with co-offender. Late plea, heavy heroin user, special circumstances.
Cassar
(33)
NSW CCA [152]
28.5.1999
Supply large comm quantity3.36kgVGMT 8y
AT 2y 9m
AA
MT 7y 6m
AT 2y 6m
drugs, possessionA and co-offender seen with bag. Police search found heroin and paraphernalia in bag. Street value $3.9m.
No remorse. Important and necessary role but did not manage or control operation. Good rehabilitation.
Chung
(39)
NSW CCA [330]
22.10.1999
Supply large comm quantity63kgVGLifeAD

* Conviction appeal subsequently allowed and matter returned for retrial (NSW CCA [484] 19.11.2001)
nilSydney enterprise associated with international criminal organisation headquartered in Thailand. Position of seniority in hierarchy.

(On retrial offender pleaded to lesser offence.)
Hameed
(32)
(2001) 123 A Crim R 213
Supply comm.
2 x Supply large comm.

Sched:
2 x Supply large comm
671g
2.6894kg
2.746kg
2.8kg
1.359kg
PGMT 5y 6m
AT 1y 10m
ADnil significantInvolved in supply of heroin to undercover police officer - middle man.
Motivated by greed. Assistance to authorities.
Wan
(female)


Phan
(male)

NSW CCA [501]
23.11.2001
2 x Supply “large quantity” heroin

Supply “large quantity” heroin
350.4g
1.4kg


1.4kg
PG



PG
10y
NPP 7y 6m


10y
NPP 7y 6m
AA
9y
NPP 6y 9m

AA
7y 6m
NPP 5y 7m
Wan involved in supply of smaller amount to undercover agent - Agreed to supply larger amount with assistance of Phan. Phan involved in second offence only.
Judge failed to give sufficient discount for guilty plea and erred in assessing criminality of offenders as equal.
Le
(36)
NSW CCA [232]
14.6.2002

Co-offender:
PHAM
Knowingly take part in supply2,103.5g (893g pure)VG9y 6m
NPP 5y 4m
ADnilSignificant role in well-organised operation - Isolated incident
Female - Difficult background in Vietnam - Isolated in gaol - Powerful mitigating case
Cheng
(26)
NSW CCA [225]
17.6.2002
Conspiracy to supply2kg (73.6% pure)VG14y
NPP 8y
AA
12y
NPP 7y
nilUpper middle management
Female - Malaysian - High prospects of rehabilitation
Ho
(22)
NSW CCA [379]
25.9.2002
Knowingly take part in supply4.05kgPG5y
NPP 3y 6m
ADnilCourier - Picked up drugs from car and arrested by police in possession
Gave evidence against co-offender (He NSW CCA [370] 28.8.2002 - see import heroin)
Married with young daughter
Yaghi
(30)
NSW CCA [396]
2.10.2002
Conspiracy to supply

Sched:
Supply offence
1.4kg


450g
PG10y
NPP 6y 6m
AA
7y 6m
NPP 5y
nilPolice officer involved in scam to steal money from person by agreeing to supply heroin - No intent to supply - Negotiated to supply cocaine - Organised and well planned scheme
Mental stress at time of offence provides some explanation
Panagakos
(31)
NSW CCA [81]
1.4.2003
Supply

Sched:
Supply comm qty cocaine
Approx 2kgPG10y
NPP 7y 6m
AA
10y
NPP 6y 6m
little recordInvolved in network supplying drugs from hotel - sold heroin and cocaine from hotel room over 4 month period
Longterm drug addiction and gambling problem - Parity
Le
(33)
NSW CCA [197]
15.7.2003
Supply

Sched:
GIC
1.4kgVG12y
NPP 9y
ADAid & abet supply heroinPolice surveillance of telephone calls between appellant and other person - intercepted appellant after meeting with other persons - found with $160,000 cash – 28g heroin found on premises – arrangements to supply – sales and delivery man.
EG
NSW CCA [246]
19.8.2003
Supply

Sched:
Supply comm. qty cocaine
4kgPG11y 3m
NPP 8y 6m
ADManagerial level - Supplies over 4 months – Supplied drugs to suppliers and supervised
Remorse – Assistance to authorities
Do
(25)
NSWCCA [209]
9.6.2005
Supply cocaine and heroin1.5kg C
6kg H
VG12y
NPP 9y
ADNilBought drugs in pure form, mixed with sugar and resold through runners – sought to downplay his role in operation
Vietnamese – Wife and child in Vietnam – drug use – gambling habit of $3,000 per day – some remorse – good character
Attallah
(50)
NSW CCA [277]
25.8.2005
Supply large comm qty heroin
Supply large comm qty cocaine
Over 3kg heroin
Over 8kg cocaine
VGLife sentence24y
NPP 18y
Drug offencesConducted unlicenced brothel – supplied prostitutes with small amount of heroin and cocaine over long period of time – commercial supply
Lam
(41)
NSW CCA [11]
2.2.2006
Supply large comm qty heroin
Supply comm qty heroin
1.4067kg
834.7g
PGTotal:
17y 6m
NPP 12y 6m
AA
Total:
14y
NPP 10y
Vietnamese man came to Australia to commit offences – organiser
Parity
Liu
(29)
NSW CCA [450]
16.12.2005
Knowingly take part in supply lrg comm. qty2.1kgPG8y
NPP 5y
ADCriminal record for supplyAssisted main offender in collection and return of drugs – involved to pay off drug debt
Good prospects of rehabilitation
Vu
(27)
NSW CCA [188]
22.6.2006
Offer to supply lge comm. qty
Supply comm. qty

Sched:
Supply comm. qty
1,575g
729g
792.1g
PG14y
NPP 11y
AA
14y
NPP 9y
NilArranged for 729g heroin to be transported to Brisbane by bus – offered to sell 1,575g to police informer – found in possession of 729.1g after arrangement made to sell – offer made in context of on-going supply
Married with children – drug and gambling addiction
CTC
NSW CCA [263]
6.9.2006
Supply large commercial quantity2.032kgPG8y 6m
NPP 5y 6m
ADSupply drugsApplicant acted as distributor for group of people – Applicant received 2.1kg of heroin being three times the amount he wanted – Unable to offload that amount, arrangements made to return 1.4kg excess – Further drugs found at applicant’s residence.
Had served two lengthy prison sentences for similar offences.
Stojkov
NSW CCA [205]
2.8.2007
Supply large commercial quantity1.789kg (1.08kg pure)VG7y
NPP 5y 3m
ADInvolved in supply to undercover police officer
Chow
NSW CCA [225]
2.8.2007
Knowingly take part in supply large commercial quantity3.5kgVG11y
NPP 8y 3m
ADSimilar offenceArranged for payment of money on behalf of principal – between principal and supplier






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