R v WONG [2009] NSWDC 376

New South Wales District Court

CITATION: R v WONG [2009] NSWDC 376

HEARING DATE(S): 17/12/2009, 18/12/2009

JUDGMENT DATE: 18 December 2009

JUDGMENT OF: Williams DCJ

DECISION: The orders I make are that he is convicted. He is sentenced to six years' imprisonment with a non-parole period of four years to date from 21 December 2008 which means he is eligible for release on parole on 20 December 2012.

CATCHWORDS: SENTENCE-import commercial quantity of prohibited drug-642grams MDMA-Middleaged Canadian citizen-no particular background difficulties-questionable reasons for behaviour.

CASES CITED: Tyler [2002] NSWCCA 272 R v Nguyen [2006] NSWCCA 369

PARTIES: Regina Gus Chi Yung WONG

FILE NUMBER(S): 2009/11999

SOLICITORS: Ms S Anderson (The Crown) Ms S Radiq (The Offender)

JUDGMENT

1. HIS HONOUR: Mr Wong is a forty-year-old Canadian financial consultant who has pleaded guilty to importing a commercial quantity of a border controlled drug, namely MDMA, being an amount of 642 grams in a bulk of 2,498.3 grams consisting of about 9,993 ecstasy tablets. The maximum penalty for this offence is life imprisonment. A commercial quantity of MDMA is an amount in excess of 500 grams.

2. There is an agreed statement of facts and, as well, Mr Wong has also given evidence. The important objective facts from the agreed statement of facts are that Mr Wong arrived at Sydney Kingsford Smith Airport on 20 December 2008 by Air Canada. He listed on his incoming passenger card that his intended address in Australia was Rydges World Square, 389 Pitt Street, Sydney 2000, New South Wales and that his intended length of stay in Australia would be fourteen days. His airline ticketing showed a booked and prepaid Air Canada flight corresponding with that length of stay.