R v Omsivapirahasham and Perinparasa [2024] NSWDC 209

District Court New South Wales

Medium Neutral Citation: R v Omsivapirahasham and Perinparasa [2024] NSWDC 209 Hearing dates: 11/4/24, 22/4/24 Date of orders: 22/4/24 Decision date: 22 April 2024 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re Perinparasa: Seq 3 Conspire to import commercial qty border controlled precursor - Convicted and sentenced to a term of imprisonment for 6 years 7 months with a NPP of 3 years 9 months (11/11/21-10/8/25). A 25 percent discount has been taken into account. Seq 2 is dismissed. Re Omsivapirihasham: Seq 3 Conspire to import commercial qty border controlled precursor - Convicted and sentenced to a term of imprisonment of 5 years 10 months with a NPP of 3 years 4 months (11/11/21-10/3/25). A 25 percent discount has been taken into account. Catchwords: Crime – Sentence – Commonwealth offences – Conspire to import a border-controlled precursor Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Category: Sentence Parties: Commonwealth DPP – Crown Sriraj Omsivapirahasham – Offender Mayuran Perinparasa - Offender Representation: Ms M Malaney for Crown Mr S Buchen SC for Perinparasa Mr A Cassels for Omsivapirahasham File Number(s): 21/321227, 21/321169

remarks on sentence 1. In this matter, Mr Mayuran Perinparasa and Mr Sriraj Omsivapirahasham, are for sentence in relation to an offence to which they have each pleaded guilty, that being an offence under ss 11.5 and 307.11(1) of the Criminal Code 1995 (Cth). That, in summary, is an offence of conspiring with various others to import a substance, the substance being a border-controlled precursor, namely pseudoephedrine, and being a commercial quantity. 2. The maximum penalty for that offence is 25 years imprisonment. The maximum penalty is, of course, an important guidepost in the sentencing exercise to which I have had regard. 3. As I have said, each of the offenders has pleaded guilty, and I intend to allow a 25% discount on account of the utilitarian value of those pleas of guilty.