R v Wu [2020] NSWDC 342

District Court New South Wales

Medium Neutral Citation: R v Wu [2020] NSWDC 342 Hearing dates: 4 June 2020 Decision date: 02 July 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence to be served by way of intensive correction order; see [92] Catchwords: Commonwealth offence. Possession of tobacco products knowing they were imported with intent to defraud the revenue Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Customs Act 1901 (Cth) Evidence Act 1995 Cases Cited: Hussein v R [2016] VSCA 212 R v Pham (2015) 256 CLR 550; [2015] HCA 39 R v Pullen [2018] NSWCCA 264 R v Saleh [2015] NSWCCA 399 R v Tieu [2019] NSWDC 485 R v Zerafa (2013) 235 A Crim R 265; [2013] NSWCCA 222 R v Zhang [2017] SASCFC 5 Weininger v R (2003) 212 CLR 629; [2003] HCA 14 Category: Sentence Parties: Director of Public Prosecutions (Cth) (Cth Crown) Leifan Wu (Offender) Representation: Counsel: B Robinson (Offender)

Solicitors: C Kim (Cth Crown) A Wright (Offender) File Number(s): 19/137848 Publication restriction: Nil

remarks on sentence 1. The offender is to be sentenced for an offence pursuant to s 233BABAD(2) of the Customs Act 1901 (Cth), of possess goods, being tobacco products, namely 368,480 sticks of various tobacco brands and 1.18 kilograms of loose tobacco, knowing that the goods were imported with intent to defraud the revenue. 2. The offender pleaded guilty to the offence in the Local Court. The maximum penalty is 10 years imprisonment and/or a fine specified pursuant to s 233BABAD(5) of $1,513,055.55. 3. The offender was arrested on 2 May 2019. He was born on 2 April 1989 and was 30 years of age at the time of the offence.