R v Milich [2007] NSWDC 96

New South Wales District Court

CITATION: R v Milich [2007] NSWDC 96

HEARING DATE(S): 18-20, 23-24 October 2006; 25 January 2007

JUDGMENT DATE: 5 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Nield DCJ

DECISION: See paragraph 42

CATCHWORDS: Criminal law - sentence after trial - attempt to possess prohibited goods (cocaine) imported into Australia contrary to s.233B(1) Customs Act

LEGISLATION CITED: s233B(1) Customs Act

R v Wong and Leung [1999] NSWCCA 420 CASES CITED: R v Mas Rividavia [2004] NSWCCA 284 R v Paliwala [2005] NSWCCA 221 R v Haidar [2004] NSWCCA 350

PARTIES: Regina Jennifer Mary Milich

FILE NUMBER(S): 06/71/0019

COUNSEL: Mr L. Brasch (Crown) Mr C. Smith (Offender)

SOLICITORS: Commonwealth DPP Mr C. Halburd (Offender)

JUDGMENT

HIS HONOUR: As to the sentencing of Jennifer Mary Milich.

1 The offender is Jennifer Mary Milich. She was born on 4 February 1962. Accordingly, she was aged forty-three years five months when she committed the subject offence, to which I will refer in due course, and she is aged forty-five years two months now.

2 The offender is the eldest of her parent's five children. Her father died about fifteen years ago when he was aged fifty-eight years, as a result of lung cancer. Her mother, who is aged sixty-four years, is alive. Notwithstanding some difficulty in her relationship with her mother, she and her mother are attempting to mend their relationship and her mother is supportive of her. I do not see any relationship between her background and her commission of the subject offence.

3 The offender's upbringing was less than perfect. Her upbringing is described in the report (exhibit 9) of Mr Borenstein, psychologist, and need not be recited. I do not see any relationship between her upbringing and her commission of the subject offence.