R v Jiang [2022] NSWDC 667

District Court New South Wales

Medium Neutral Citation: R v Jiang [2022] NSWDC 667 Hearing dates: 01 December 2022 Date of orders: 06 December 2022 Decision date: 06 December 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Specify a sentence of imprisonment of 5 years 3 months with a non-parole period of 3 years Catchwords: CRIME — Drug offences — Commonwealth offences — Possess border-controlled prohibited plant or drug Legislation Cited: Criminal Code (Cth) Cases Cited: BP v R [2010] NSWCCA 159 DPP v Foley [2019] VSCA 99 Hili v The Queen; Jones v The Queen [2010] HCA 45; 244 CLR 520 Hoang v The Queen [2018] VSCA 86 Imbornone v R [2017] NSWCCA 144 Lay v R [2014] NSWCCA 310 Nguyen v Pham [2010] 205 A Crim R 106 Postiglione v The Queen [1997] HCA 26 R v Boimah [2017] QCA 50 R v JCW [2000] NSWCCA 209 R v Karan [2013] NSWCCA 53 R v Miguel David [12 July 2022] NSWDC unreported Tran v R [2017] VSCA 346 Category: Sentence Parties: Rex (Commonwealth) Wenjie Jiang (Offender) Representation: David Jordan (Counsel for the CDPP) Georgia Lewer (Counsel for the Offender)

C'th Director of Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2021/00115943

REVISED EX TEMPORE JUDGEMENT

Introduction 1. Wenjie Jiang is before Court today to face sentence for one offence contrary to s 307.5(1) in conjunction with s 11.1(1) Criminal Code (Cth) alleging that he, between 24 April 2020 and 26 April 2021, at Burwood, in the State of New South Wales, attempted to possess a substance, that substance having been unlawfully imported, it being a border-controlled drug, namely, heroin, and the quantity attempted to be possessed being a commercial quantity. The maximum penalty specified for this offence is imprisonment for life and a fine represented by 7,500 penalty units. There were no additional offences to be brought to account.