R (Cth) v Vongphachanh [2024] NSWDC 431

District Court New South Wales

Medium Neutral Citation: R (Cth) v Vongphachanh [2024] NSWDC 431 Hearing dates: 8 August 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Criminal Before: Neilson DCJ Decision: See par [49]. Catchwords: CRIME – SENTENCE – ATTEMPT TO POSSESS UNLAWFULLY IMPORTED SUBSTANCE – Commercial quantity 2.1034kg heroin - Plea of guilty – Good prospects of rehabilitation. Legislation Cited: Crimes Act 1914 (Cth) Cases Cited: R (Cth) v Darley; R (Cth) v Piras [2020] NSWDC 28. Texts Cited: Nil. Category: Sentence Parties: Crown - R (Cth) Offender - Tonh Vongphachanh Representation: Counsel: Crown – Ms Hegna, M. Offender – Mr Barrack, B.

Solicitors: Crown – Office of the Director of Public Prosecutions (Cth). Offender – Ly Lawyers. File Number(s): 2023/00072430 Publication restriction: Nil.

Judgment 1. HIS HONOUR: Tonh Vongphachanh stands for sentence as a consequence to pleading guilty to a charge that between about 23 February 2023 and 3 March 2023 at Busby and elsewhere in this State he did attempt to possess a substance, the substance having been unlawfully imported, the substance being a border controlled drug, namely heroin, and the quantity being a commercial quantity. That is an offence against the law of the Commonwealth. The maximum penalty imposed by Parliament for that offence is imprisonment for life, and or a pecuniary penalty of $550,000. 2. In short, the offender has pleaded guilty to attempting to take possession of an unlawfully imported drug, namely 2.034 kilograms of pure heroin. The facts as far as are known are these.