| Case | Offence | Amount | Plea | Priors | Sentence | Appeal | Facts |
Pham
(26)
NSW CCA 3.4.1990 | Supply | 5g | PG |  | GBB
$500 fine | Crown AD.
Manifestly inadequate, but exercised discretion. Factors included late filing of appeal | 39 foils of heroin found. Had purchased 5g and divided into 55 foils, sold some. In business for 4 months. $977 cash located.
Prior good character – Supporting habit |
Margaronis
NSW CCA 20.12.1990 | Supply | .12g | PG | nil | MT 18m
AT 6m | AD | Actively engaged in enterprise of assisting in sale of heroin |
Antal
NSW CCA
12.2.1991 | 2 x Supply | 0.08g and sales over two months | VG | | MT 2y 6m
AT 10m | AD | Found in possession of heroin – Admitted intended to give drug away to female for sex – Admitted selling heroin over preceding 2 months at $3-400 per day. |
Pelosa
NSW CCA 12.2.1991 | Supply
Sched:
3 offences | 13g | PG | Light and stale | MT 2y 6m
AT 10m | AA
MT 1y 9m
AT 7m | Found in possession of heroin - Sold to long-term users, to fund his habit – Used paging device.
Impressive evidence of rehabilitation. |
Leslie
(37)
(1991) 55 A Crim R 68 | Supply | 48.9g | PG | Extensive drug related – breached bail | 3y PD | Crown AA
MT 18m
AT 18m | Found in possession of spoons, syringes and glucodin – intending to sell to junkies
Aboriginal – evidence of rehabilitation |
Bianchi
NSW CCA 6.3.1991 | Supply | 1.88g | PG | Breached parole | MT 3y
AT 12m | AA
MT 2y
AT 12m | Found dividing white powder on silver foil. Second foil found. $500 under the bed. Female injecting heroin. Purchased heroin on behalf of friends.
Matter could have been dealt with summarily. |
Thompson
(34)
NSW CCA 4.4.1991 | Supply
Sched:
3 offences | See facts | PG | Many drug related convictions at Local Court: not serious. | 500h CSO
18m GBB | Crown AD. Sentence inadequate, but discretion exercised not to intervene because of rehabilitation | Found in possession of 3.69g – Involved in supply over preceding month – also found in possession of $8,755 and paraphernalia |
Coulstock
(35)
NSW CCA 9.4.1991 | Supply
Sched:
GIC | 4.9g | PG | Recent drug matters – Breached bail | MT 3y
AT 1y | AD | Found in possession of heroin and $800 cash – deemed supply |
Eldaghl
(35)
NSW CCA 11.4.1991 | Supply
Sched:
Supply heroin
GIC | 9.1g | PG | No priors | 18 PD
$5,000 fine | Crown AA
MT 9m
AT 3m | Supply for profit. 2.7g found in possession with $300 cash. Admitted selling that day. Search of premises found 6.4g. Systematic dealer in small amounts
Assistance |
Cioamca
(18)
Taifalo
(26)
Vieru
(23)
NSW CCA
30.5.1991 | Supply
3 x Supply
2 x Supply | see facts | PG | on bail for supply
minor drugs
nil | FT 1y
2y PD
5y recog
$2,500 fine
500h CSO
| Crown AA
MT 3y
AT 1y
MT 2y
AT 6m
MT 15m
AT 4m | T arranged to sell $2,500 worth of Heroin. Aborted.
T and V - supply of .66g of 35.5% pure heroin
T, V & C - supply of 8.7g of glucose.
In furtherance of substantial commercial enterprise
T was a drug addict, but others had little in the way of subjective features. C was principal, with previous drug convictions. |
Hawkins
(33)
NSW CCA 12.9.1991 | Supply | 2.6g | PG | Prior conviction for drug possession | MT 12m
AT 4m | AD | Admitted purchasing 5g and having sold 2 deals for $250 – Dealing at retail end of trade.
Female drug addict with unfortunate background. |
Ross
NSW CCA 18.10.1991 | Supply | 27.9g | PG | | MT 4y
AT 6m | AD | Found in car with heroin – Sentenced as drug dealer.
Sentence heavy but not excessive. |
Bengescu
(36)
NSW CCA
3.12.1991 | Supply
Sched:
GIC | .53g | | Dishonesty offences – Breached parole. | MT 2y 6m
AT 10m | AA
MT 2y
AT 8m | Sold one foil on the street for $150 to undercover police officer – Has possession of second foil |
Ianculescu
NSW CCA 5.12.1991 | 2 x Supply | 20g | PG | nil | MT 12m
AT 3m | Crown AD | Found in possession of 36 foils. Small time commercial dealer over several months |
Taylor
(36)
NSW CCA 21.4.1992 | Supply | 6 x $50 deals per day over 65 days | PG | lengthy but only drug offence was administer amphet. | FT 6m
(+1m PSC) | Crown AA
FT 15m | Sold approx. 6 x $50 deals per day over 65 days. Police purchased eight deals, 0.04-0.09g. Supporting own habit. |
Muller
NSW CCA 21.5.1992 | Supply | 17.4g
2.4g | PG | | 4y Recog | Crown AD. | Admitting purchasing heroin and proposing to sell. Heroin addict. Told by police that he would be given immunity from prosecution if he assisted. After giving some information offer withdrawn, putting him in serious jeopardy. |
Bardo
NSW CCA 14.7.1992 | Supply | 4.9g | VG | no drugs. Gaol for stealing | 400h CSO
$980 forfeit | Crown AD | Sold for $980. Supply of relatively small amount on one occasion. Isolated incident |
Canli
(34)
NSW CCA 3.8.1992 | 3 x Supply | 2.7g found | VG | On bail and bond. Prior drugs | MT 2y 3m
AT 9m | AD | 26 foils found in water bed and 6 foils found in wallet. Admission to selling minor amounts |
Greer
(50)
(1992) 62 A Crim R 442 | Supply | 9.5g | VG | nil | MT 3y
AT 1y | AD | Supply to undercover police officer. Sold for $2,400. |
Fabian
(1993) 64 A Crim R 365 | Supply
Sched:
1 offence | 33.7 | PG | prior convictions for supply heroin - on recog at time of offence | 3y GBB | Crown AD
(inadequate but discretion applied) | Heroin found in flat - admitted it would be passed on for $500 – in business of trafficking - user and supplier.
Heroin addiction - evidence of rehabilitation - lengthy delay |
Jordan
(22)
NSW CCA 16.2.1993 | Knowingly take part in supply | 9.88g | VG | Minor driving offences | MT 3y
AT 12m | AD | Co-accused carried drug internally. A was financier. $1,900. Prospect of resale. |
Rofe
NSW CCA
18.2.1993 | Supply | 39-40g | PG | long history | MT 5y
AT 1y | AA
MT 4y 3m
AT 1y 9m | Found by police in caravan, with heroin packaged in bags. Found other items consistent with dealing. Medical problems. |
Baias
NSW CCA
4.3.1993 | 8 x Supply | not stated | PG | minor | 6y 2m
NPP 2y 6m | AA
to include backdate
MT 6y 2m
AT 2y 6m | Active supplier in small quantities. |
Lupu
NSW CCA
22.3.1993 | Supply | 14.84g | VG | | MT 1y 6m
AT 6m | Conviction AD | Observed by police removing heroin from laneway. |
Cotterill
NSW CCA
7.6.1993 | Supply | 5.57g | VG | Substantial | MT 3y
AT 1y | AD | Possession of drugs in foils – selling for financial gain |
Tulloh
NSW CCA
16.9.1993 | 2 x Supply | 0.5g
2.11g | PG | bad record, included use and possession | MT 1y
AT 1y | AD | Sold 5.0g and further 2.11g found at house. Supplied to support habit |
Banovic
NSW CCA
25.10.1993 | 2 x Supply | 13.4g
4.5g | VG | supply H | MT 4y
AT 16m | AD | Sentenced six months earlier for supply heroin – Sold to undercover police officer on separate occasions. |
Sande
(45)
NSW CCA
25.11.1993 | Supply | 40.9g | VG | minor | MT 3y
AT 1y | AD | Deemed supply – Supplied for financial gain
Married with 5 children – Good character evidence. |
Ford
(26)
NSW CCA
15.12.1993 | Knowingly take part in supply | 27.54g | PG | extensive | MT 10m
AT 12m | AD | Acted as middleman for supply. Strong prospects of rehabilitation. |
Sandford
(48)
(1994) 72 A Crim R 160 | Supply | 2g | VG | nil | MT 5y
AT 1y 8m | AA
MT 2y 1m 27d
AT 10m 3d
[time served] | Drugs found in shirt pocket on arrest – intended to hand to female. Isolated incident. Senior Detective an aggravating feature. |
Rus
(27)
NSW CCA
24.6.1994 | Supply | 5g | VG | nil | MT 12m
AT 4m | AA
Accepted sentence within range but exceptional circumstances of delay and rehabilitation
10m PD | Heroin found in car when pulled up – Deemed supply.
Lengthy delay – married with 2 children |
Leung
NSW CCA
21.7.1994 | Knowingly concerned in supply
2 x Supply
Sched:
Possess Hemp | 27g
27.3g
27.5g | PG | nil | MT 4y
AT 3y | AD | Transaction with undercover police over five month period. Judge accepted they were isolated incidents, and A was a runner in two transactions, and the principal in the other. |
Threadgate
NSW CCA 4.8.1994 | 2 x Supply | 2.7g
2.5g | VG | long and
serious, cannabis | MT 3y
AT 1y | AD | |
Weiley
NSW CCA
11.8.1994 | 2 x Supply | approx 1g
25g | PG | nil | MT 18m
AT 6m | AA
Special circumstances
MT 13m
AT 11m | Actual supply of 1 gram – found in possession of 25g - Admitted dealing over previous six months: 50-100 supplies. Motivated by need for money.
Mother of heroin addict. Distressing medical history. Remorse and unlikely to reoffend. |
Christiensen
(38)
Christienson
(female)
(38)
NSW CCA
23.11.1994 | Supply
Sched:
2 x supply cannabis
Knowingly take part in supply
Sched:
Supply cannabis | 26.21g | PG
PG | Possess cannabis
Minor | MT 2y 6m
AT 18m
MT 2y
AT 18m | AD | Listening device in house captured many sales over one month. Total of heroin mentioned was 26.21g. Addicts, supplying to established users to feed own habit. |
Herring
(34)
NSW CCA 2.12.1994 | Supply | 6.4g | VG | No goal. Possess & dishonesty | MT 2y 6m
AT 10m | AA
MT 1y 9m
AT 7m | Found in car when pulled over. Judge incorrectly sentenced on the basis that money found was related to drug supplying. |
Neda
NSW CCA
9.12.1994 | Supply | 32.1g | VG | on bond for supply heroin | MT 3y
AT 1y | AD | Drug found on A. |
Szczeklik
(41)
NSW CCA
6.3.1995 | Supply | 10.79g | PG | Gaol for import drug | MT 5y
AT 1y 8m | AA
MT 3y
AT 2y | Small street dealer supplying to feed own addiction |
McIntyre
NSW CCA
18.4.1995 | Supply
Sched:
Related drug offences | 1/2g a day | PG | on recog | MT 18m
AT 6m | AD | Supply over two months to support own habit. |
David
NSW CCA
20.4.1995 | Supply | 4-5g | VG | Nil but on bail for drug offence | MT 18m
AT 1y | AD | Supply to woman in answer to pager. Observed by police. Canister with 20 packets of heroin found on person |
Yavuz
(50s)
NSW CCA
20.4.1995 | 2 x Supply
Sched:
Use heroin | 15g
3.6g | PG | On parole for conspire to import | MT 6y
AT 2y | AA
MT 4y 6m
AT 1y 6m | Undercover operative involved. Supplied 15g, and negotiations for 100g commenced but not continued. 3.6g found on person upon arrest. Not isolated incident |
Tapai
(43)
NSW CCA
26.6.1995 | 2 x Supply | 36.6g | | nil | MT 15m
AT 15m | AD | Found in possession of heroin – agreed to supply
Female A, adult son and two school aged girls. |
Griffiths
NSW CCA
3.8.1995 | Supply | 30.42g | VG | poor | MT 4y
AT 16m | AD | Observed by nearby occupant retrieving drugs from park. |
Cecil
NSW CCA 8.11.1995 | 2 x Supply
Sched:
6 offences | 0.77g
0.26g | PG | | MT 2y 3m
AT 9m | AD | Took place in context of small time business |
Richards
(33)
NSW CCA
27.11.1995 | 4 x Supply | 2 oz
5g
4.9g
13.9g | VG
PG | previous drug | MT 7y 10.5m
AT 2y | AD | First offence involved supply to undercover officer - Three later offences committed on bail – supply to undercover police officer – Principal in detailed organisation. |
McVittie
(22)
NSW CCA
24.5.1996 | 2 x Supply | 28g | PG | mostly juvenile
self-admin | MT 1y 10w
AT 2y | AD | Police undercover operation. Actual supply of small amount (not stated) and later transaction relating to over 28g. Knowledge of drug scene
Substantial discount for assistance. |
Bekhore
NSW CCA
18.11.1996 | Supply | 4.55g | PG | | MT 18m
AT 6m | AD | Detected by police telephone surveillance - 64 transactions – Supplied to friends to support habit.
Wife also convicted but received CSO to care for very sick child. |
Packovski
NSW CCA 27.3.1997 | Supply | 3.02g | PG | bond for assault | MT 12m
AT 4m | AD | 0.42g found in car; 2.6g found in restaurant. Orders via mobile phone during police search. Obviously heroin dealer. Not a drug user. |
Armstrong
NSW CCA
9.5.1997 | Supply | 19g | VG | includes drugs | MT 18m
AT 6m | AA
MT 12m
AT 12m | Heroin found at flat, with other items consistent with dealing. Running profitable drug business of some size for some time. |
Zanze
Kingbeer
NSW CCA
11.6.1997 | Supply | 6.41g found | PG | Unenviable records | MT 3y 9m
AT 1y 3m | AA
MT 2y
AT 1y | Small time dealing, supporting own habits.
SJ sentenced incorrectly on basis of commercial quantity. |
Serianni
NSW CCA
4.8.1997 | Supply | 8.62g | PG | significant - bribery and drugs. | MT 12m
AT 2y | AD | Observed by police supplying to user. Heroin found on person wrapped in 26 foils. Active dealer in Kings Cross area. Good rehabilitation. |
Irving
(66)
NSW CCA
5.11.1997 | Supply | 3.3g | VG | long - mostly dishonesty and driving
on licence for murder | MT 3y
AT 1y | AA
MT 2y 6m
AT 18m | Heroin found at premises, with items consistent with dealing. Supplied to person. Engaged in supply on commercial basis
Severely disadvantaged background |
Emery
(46)
NSW CCA
7.11.1997 | Supply | 2.5g | VG | minor drug matters | MT 12m
AT 12m | AD | Observed by police at home dividing up heroin. Admitted packaged H intending to sell – drug trafficker |
Khamsao
NSW CCA
1.4.1998 | 2 x Supply | Street value:
$6,600
$3,000 | PG | SJ told no priors. In fact on GBB at time of offence. | MT 3y
AT 1y | AD | Police search of car found heroin with street value of $6,600. Admitted he had bought heroin in Cabramatta with intention of selling it in Canberra. Had done this previously with $3,000 worth of heroin. |
Orrock
NSW CCA
22.7.1998 | Supply
Sched:
2 offences | 6g | PG | | MT 2y
AT 1y | AA
(assistance raised 30%)
MT 16m
AT 8m | Under surveillance over two weeks. Cut up H with wife to make 36 deals. Most H used by A and wife - some supplied to friends. |
Kiely
NSW CCA
14.10.1998 | Supply
Sched:
2 offences | 11.61g | PG | on bond for drug matters | MT 2y
AT 2y | AD | Observed supplying by police. When apprehended seen to throw heroin under car, and more found on person. Scales, money and 2.55g (possess charge) found in house. Sole trader selling at retail end of market. |
Ma
(35)
(1999) 107 A Crim R 252 | Supply | 29.8g
0.03g | PG | supply heroin - custody, on parole | MT 3y 6m
AT 1y | AA
MT 2y 6m
AT 1y 6m | Police found 0.03g heroin on A as he was entering club. Remaining heroin found in car.
Co-operated with authorities, contrition, drug counselling. |
Crombie
(39)
NSW CCA
15.9.1999 | Supply
Sched:
2 x supply | $40-50 delas | PG | Dishonesty and drug offences – breached recog | MT 2y
AT 1y 6m | AA
MT 1y 6m
AT 1y | Supplied to undercover operative small quantities on three occasions for $40-50 a deal. Street dealer in Nimbin. Supplied addicts
On appeal found insufficient allowance made for fact that matter could have been prosecuted in Local Court. |
Davis
(41)
NSW CCA [244]
10.7.2000 | 4 x Supply
Sched:
8 offences | $400
$50
3g
3g | PG | extensive - on recognisance and bail at time of offences | MT 3y
AT 3y | AA
4y
NPP 2y | Found in possession of 5.36g heroin and admitted to selling small amounts ($400) to support habit. 6 months later found again in possession of 5.43g heroin and admitted to selling ($50). Part of ongoing supply
Error in not finding only portion of heroin in possession for purpose of supply |
Pavlov
(50)
NSW CCA [13]
12.2.2001 | Supply | 7.05g | PG | no prior prison - complied with previous recognisance | 6y
NPP 4y | AA
3y 6m
NPP 2y 6m | Supplied heroin to undercover police officer over five occasions.
Supplied to support long term addiction; approached by undercover police officer; small amount of heroin involved; drug would not have reached general community; suffering from mental disorder. |
Moussa
(30)
NSW CCA [28]
19.2.2001 | Supply
Sched:
Supply heroin | 27g (71% pure) | PG | Dishonesty and driving offences | MT 12m
AT 12m | AD | Purchased drug for use by self and wife – Similar offence committed several weeks earlier – Not a dealer. |
Nguyen
(27)
NSW CCA [132]
6.4.2001 | Supply
Sched:
7 unrelated offences | 8.26g | PG | prior convictions | 3y
NPP 18m | AD | Found in possession of heroin when car stopped for driving offences.
Rehabilitation from drug addiction. |
Giurgis
(24)
NSW CCA [129]
11.4.2001 | Supply | 5.5g | PG | minor record - no drug offences | 16m
NPP 12m | AA
16m
NPP 8m | Found in possession of drugs in car after being observed selling – not isolated.
Sold drugs to support drug addiction - rehabilitation contrition - good prospects of employment. |
Huynh
NSW CCA [269]
29.6.2001 | Deemed supply | 6.6g | VG | | 2y
NPP 16m | AA
2y
NPP 12m | Female offender. Under police surveillance of A’s son, A was seen throwing heroin in balloons from her vehicle. Assisting son
Deprived background, poor physical and mental health. CCA found special circumstances. |
Mousallem
(32)
NSW CCA [536]
14.12.2001 | Supply | 14.5g | VG | lengthy record including drug offences - on licence at time offence committed | 9y
NPP 5y | AD | Found in possession of heroin and selling paraphernalia.
Traumatic and disruptive childhood in war ravaged Lebanon - need for extended supervision
Heavy but appropriate in view of circumstances. |
Le
(19)
NSW CCA [186]
29.5.2002 | Supply | 0.5g
0.61g | VG | none for drugs | 3y 6m
NPP 2y | AD | Drugs found in house |
Kostadinovic
(21)
NSW CCA [38]
28.2.2003 | 4 x Knowingly take part in supply
Sched:
7 offences | 6.8g (8%)
6.7g (10%)
6.8g (12%)
13.9g (9.5%)
13.4g | PG | traffic offences | 3y
NPP 1y 10m | AD | Involved with co-offender (dealt with for s.25A) in multiple supplies of heroin - Police intercepted thousands of drug related phone calls in one month - Co-offender principal offender
Disturbed background - Serbian - Sent money to mother suffering breast cancer - Remorse - Depression |
Vo
(25)
NSW CCA [124]
2.5.2003 | Knowingly take part
2 x Supply | 0.03g
0.01g
0.05g | PG | Breached bond for similar offence | 3y 6m
NPP 2y 2m | AD | Sold drugs to undercover operative
Vietnamese – Drug addiction resulting from breakdown in marriage |
Nguyen
(26)
NSW CCA [438]
30.11.2004 | 3 x Supply
Sched:
5 offences | $50 deal
8.3g
14.56g | PG | Minor – third offences committed on bail | 5y
NPP 3y 6m | AD | Observed selling $50 deal – on arrest found in possession of foils and rock – while on bail found in possession of heroin |
Ly
(47)
Nguyen
(45)
NSW CCA [57]
21.2.2005 | Supply
Supply
Receiving
GIC | 28.21g | VG | Nil
Nil | 5y
NPP 3y 6m
5y
NPP 3y 6m
(concurrent sentences) | AD
AD | Husband (L) and wife (N) involved in commercial dealings selling heroin – not isolated sale |
Orban
(56)
NSWCCA [312]
22.9.2005 | 2 x Supply
Sched:
GIC | Not stated, <16g | PG | Drug related but nothing since 1991 | 4y
NPP 2y 6m | AA
4y
NPP 2y | Hairdresser and supplied heroin from business to 3 co-offenders, who on-sold – co-offenders pleaded to s 25A – controlled operation – parity
Unlikely to re-offend – good prospects – drug addiction – remorse – 20% discount – health problems and carer for elderly mother |
Kdouh
(28)
NSW CCA [140]
27.4.2006 | 2 x Supply | 0.1g
0.3g | VG (see facts) | Breached parole – significant record for supply | 3y
NPP 2y | AD | Convicted at trial for s.25A – admitted transactions – runner and user |
Hourigan
(37)
NSW CCA [183]
5.6.2006 | 4 x Supply | 1.91g
1.93g
6.2g
6.21g | PG | Record for possession and violence | 3y
NPP 1y 9m | AD | Low level dealer – Part of larger organisation – Supplied to undercover police officer
Significant drug addiction |
Lu
(32)
NSW CCA [74]
16.3.2007 | Supply
Sched:
GIC | 24.07g | PG | Lengthy – typical drug addict – breached conditional liberty | 4y 8m
NPP 3y 7m | AD | Deemed supply – found at house – dealing in drugs |
Kentwell
(36)
NSW CCA [93]
12.4.2007 | Supply | 10-15g | PG | Minor | 2y 6m
NPP 16m | AD | Runner for highly organised Kings Cross business – 10-15g over 21 days
Difficult childhood – addiction - Rehabilitation |
Jaskierski
NSW CCA [168]
19.6.2007 | Supply | 25.6g | VG | | 5y 6m
NPP 3y 6m | AD | Involved in supplying drugs to female offender who sold them from house |
