Commercial quantity of methamphetamine offending by way of manufacture comparative
case chart
Citation
Sentence
Bass (a
pseudonym) v R
[2014] VSCA 350
TES – 10 years 6
months, NPP 6
years and 8
months
Quantum
manufactured
70.6 grams of
methylamphetamine
Brief facts
Offender aged 49, conducted a
trafficking business involving a
commercial quantity of
methylamphetamine. Engaged with
3 others in manufacturing
methylamphetamine. On a number
of occasions, methylamphetamine
was “cooked” at his home. High
level of trafficking with wholesale
quantities of about $1.2 million and
street value of approximately $2.6
million.
Plead guilty. Offended whilst on bail.
Shown no remorse for offending
which reflect poorly on prospect for
rehabilitation.
Cavanagh v R
[2016] VSCA 305
TES – 7 years’
imprisonment
with NPP 3 years
3.188kg of
methylamphetamine
in mixture form
Pure quantity 407
grams
Male 32, co-offender complicit in
trafficking and jointly possessing
equipment and chemicals subject of
charges.
Heavy drug user. Relevant prior
convictions. Prospects of
rehabilitation good. Offender
suffered from undiagnosed bowel
cancer, terminally ill and prospects
of obtaining optimal medical
treatment considered.
DPP (Cth) v
Estrada; Yuan;
Byun (2015) 45 VR
286
8 years, NPP 5
years
25kg
methamphetamine
Offender 1: male, not guilty plea.
Took part in conspiracy to
manufacture commercial quantity of
drug. Make untraceable case
purchases of chemicals and
equipment, use storage unit to store
chemics, hire series of rental cars to
transport chemicals etc. naivety and
lack of sophistication. Would be
isolated in custody in Australia.
Offender 2: male, not guilty plea.
Took part in conspiracy to
manufacture commercial quantity of
drug. Make untraceable case
purchases of chemicals and
equipment, use storage unit to store
chemicals, hire series of rental cars
to transport chemicals. Would find
custody very difficult as he had no
support in Australia and no relatives
or friends.
Offender 3: male, not guilty plea.
Took part in conspiracy to
manufacture commercial quantity of
drug. Same acts as above. Came to
Australia to gamble but became part
of conspiracy to get out of debt.
Became disability mentor whilst in
custody. Good prospect of
rehabilitation. Would suffer
hardship in Australian prison
aggravated by pre-existing anxiety
disorder for being shot in face in
2002.
R v Ferraro [2009]
VSC 121
TES 6 years and 6
months, NPP 4
years
42 kg raw
methamphetamine
NOTE: all agreed to set up
clandestine laboratory for
manufacturing or ‘cooking’
methamphetamine and selling end
product.
30-year-old male, 26-28 at the time
offence was committed. Worked
with nine other men in a large drugtrafficking enterprise which was
involved in manufacture and
distribution of large quantities of
meth and other drugs as well as
money laundering. Offender’s
primary role was as a courier and
storer for the meth. Occasionally
involved in cutting and diluting the
substance.
Plead guilty early on. Physical
disability (Cerebral Palsy) and
parental abuse from a young age. No
prior convictions and relatively small
role in the operation. Strong family
and community support, expressed
remorse, and reasonably good
prospects of rehabilitation.