R v Nhu Thi Hong HO, R v Thanh Nhu HO [2007] NSWDC 27

New South Wales District Court

CITATION: R v Nhu Thi Hong HO, R v Thanh Nhu HO [2007] NSWDC 27

HEARING DATE(S): 22/02/2007

JUDGMENT DATE: 22 February 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [18]

CATCHWORDS: Criminal Law - Sentence - Border controlled drug - Heroin - Marketable quantity - Birth in custody

Crown PARTIES: Nhu Thi Hong Ho Thanh Nhu Ho

FILE NUMBER(S): 06/11/0966

SOLICITORS: Commonwealth DPP Legal Aid Commission

SENTENCE

1 HIS HONOUR: I have for sentence before me to day two sisters, Nhu Thi Hong Ho and Thanh Nhu Ho, both of whom attempted to import into Australia a quantity of heroin in identical ways. They were on the same flight from Vietnam landing at Sydney Kingsford Smith International Airport. Both were wearing shoes which contained within them substantial quantities of heroin. Fortunately the drugs were discovered before they could be distributed. I say fortunately because the harm that such drugs cause is notorious, extending beyond the harm caused to users of the drugs, to all members of the community who are affected by crimes committed by those addicted to drugs such as heroin. The offenders both knew that they were bringing some form of drug into Australia. They decided to commit these offences knowing how serious their conduct was and knowing the harm that drugs cause in Australian society.

2 The quantity of drug found in the shoes worn by Nhu Thi Hong Ho was 556 grams of heroin. It had a purity of 64.4 percent to 77.7 percent giving a net weight of heroin as 393 grams. In Thanh Nhu Ho's case the quantity of drug was 596.5 grams with a purity of between 38.6 percent and 43.3 percent giving a net weight of 236 grams. Ms Cook who appeared for both offenders relied on the difference in purity and the slight differences in concealment techniques to indicate that I should accept her clients' position which was that they did not know what their co-offender and sister was doing until each of them was arrested in Sydney. Upon reflection it is not really a matter I need to determine although it would be a remarkable situation if the version of events that is pressed upon me by Ms Cook were to be the case.