R v Hae [2021] NSWDC 801

District Court New South Wales

Medium Neutral Citation: R v Hae [2021] NSWDC 801 Hearing dates: 3 September 2021 Date of orders: 1 December 2021 Decision date: 01 December 2021 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: At [75]-[76] Catchwords: CRIME – Commonwealth sentence – Aid and abet attempt to possess border-controlled drug – jury trial –drug packaged as coffee beans Legislation Cited: Crimes Act 1914 (Cth) Criminal Code (Cth) Cases Cited: Chen v R [2018] NSWCCA 157 R v Green (2011) 244 CLR 462 R v Markarian (2005) 228 CLR 357 R v Nguyen and Pham (2010) 205 A Crim R 106 R v Olbrich (1999) 199 CLR 270 Wong v R [2001] HCA 64; (2001) 207 CLR 584 Category: Sentence Parties: Crown Edwin Joseph Hae (Offender) Representation: Counsel: Ms D New (Crown) Mr T Ramrakha (Offender)

Solicitors: Commonwealth Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2019/00273573

SENTENCE 1. Edwin Hae was found guilty following a trial by jury which proceeded at Parramatta District Court in June 2021. On 21 June 2021 the jury returned a verdict of guilty with respect to the single count on indictment of aiding and abetting an attempt to possess a substantial quantity of methamphetamine at Wetherill Park on 30 July 2019. 2. The offence was charged pursuant to the provisions of s 11.2(1), 307.5(1) and 11.1(1) of the Criminal Code (Cth). The quantity of methamphetamine was in excess of the commercial quantity relating to a border-controlled drug and the offence charged carries a maximum penalty of life imprisonment.