R (Cth) v Jia Li He (No. 3) [2021] NSWDC 770

District Court New South Wales

Medium Neutral Citation: R (Cth) v Jia Li He (No. 3) [2021] NSWDC 770 Hearing dates: 15 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Imprisonment for a period of two years and 11 months commencing on 13 October 2021 and expiring on 12 September 2024. Release on recognisance on 12 October 2023 on your giving security in the sum of $1,000. Catchwords: CRIME – SENTENCE – Commonwealth offence - Tobacco products in possession, knowing they were imported with intent to defraud the revenue – seriousness of offending – deterrence – contrition – appropriate form of sentence – ICO or imprisonment. Legislation Cited: Crimes Act 1914 (Cth) Customs Act 1901 (Cth) Cases Cited: Assi v R; Jomaa v R [2021] NSWCCA 181 Barakat v DPP (Cth) [2020] VSCA 185 DPP v Ma [2020] VCC 582 Hussein v The Queen [2016] VSCA 212 Jabal v DPP(Cth) [2021] VSCA 33 Merhi v R [2019] NSWCCA 322 R (Cth) v Jia Li He (No 1) [2021] NSWDC 450 R (Cth) v Jia Li He (No. 2) [2021] NSWDC 769 R v Medalian [2019] SASCFC 40 R v Saleh [2015] NSWCCA 299 R v Zhang [2017] SASCFC 5 Samardali v The Queen [2018] WASCA 220 Young v The Queen [2016] VSCA 149 Texts Cited: Nil. Category: Sentence Parties: Crown (Cth) – Regina Offender – Jia Li He Representation: Crown (Cth) – A. McGrath Offender – G. Smith SC Solicitors: Crown (Cth) – CDPP Offender – Ren Zhou Lawyers File Number(s): 2019/00111177 Publication restriction: Nil.