R v XY [2015] NSWDC 28

District Court New South Wales

Medium Neutral Citation: R v XY [2015] NSWDC 28 Hearing dates: 23 January 2015, 12 February 2015 Decision date: 12 March 2015 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Full time custodial sentence. For Orders see [117] Catchwords: Sentence – importation of commercial quantity of heroin Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code (Cth) Criminal Procedure Act 1986 (NSW) Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 DPP v Peng [2014] VSCA 128 Pearce v R (1998) 194 CLR 610 R v Ferrer-Esis (1991) 55 A Crim R 231 R v Hong [2012] NSWDC 267 R v Huang (2000) 113 A Crim R 386 R v Kaldor (2004) 150 A Crim R 271 R v Lee [2007] NSWCCA 234 R v Nguyen [2010] NSWCCA 238 R v Nguyen & Ors (2005) 157 A Crim R 80 Category: Sentence Parties: Commonwealth Director of Public Prosecutions XY (Offender) Representation: Counsel: M Allnutt (Commonwealth Crown) P David (Offender) File Number(s): 13/208751 Publication restriction: Name of offender – pursuant to s 7 Court Suppression & Non-Publications Orders Act 2010 (NSW)

REMARKS ON SENTENCE

Introduction 1. On 9 July 2013 the offender was charged with an offence pursuant to s 307.1(1) of the Criminal Code (Cth) ("the Criminal Code") of import commercial quantity of border control drug. The particulars of the charge were as follows: "Between 10 March 2013 and 22 June 2013 at Sydney, New South Wales, did import a substance, the substance being a border control drug, namely, heroin, and the quantity imported being a commercial quantity, contrary to s 307.1(1) of the Criminal Code (Cth)." 1. The offender pleaded guilty at the Central Local Court on 12 February 2014 and the Crown concedes that was the first opportunity for him to do so after service of the prosecution brief. 2. The matter came on for sentence hearing before me on 23 January 2015 when an order was made for suppression of the offender's name pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW). 3. At that time, the offender adhered to his plea of guilty and gave evidence. The matter was adjourned part heard to 12 February 2015 to complete the sentence hearing. 4. A certificate pursuant to s 166 of the Criminal Procedure Act 1986 (NSW) certified that the offender had also been charged with a related offence of being unlawfully in possession of property pursuant to s 527C(1)(a) of the Crimes Act 1900 (NSW). The maximum penalty for that offence was imprisonment for six months and/or five penalty units. 5. The maximum penalty for the offence pursuant to s 307.1(1) of the Criminal Code is life imprisonment and/or 7,500 penalty units.