Director of Public Prosecutions v Bow

[2014] VCC 1799

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-13-01668

DIRECTOR OF PUBLIC PROSECUTIONS

v

KEVIN BOW

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	30 October 2014
DATE OF SENTENCE:	3 November 2014
CASE MAY BE CITED AS:	DPP v Bow
MEDIUM NEUTRAL CITATION:	[2014] VCC 1799

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R. Barry	Office of Public Prosecutions
For the Offender	Mr. R. Edney	Emma Turnbull Solicitors

HIS HONOUR: 

1Kevin Lorne Bow, following seven days of legal argument and a discontinued trial that occupied a further two days, you pleaded guilty to one count of importing a commercial quantity of a border controlled drug, contrary to s.307.1(1) of the Criminal Code (Commonwealth).  The maximum penalty for that offence is life imprisonment or a fine of 7,500 penalty units or both. 

2Your plea has spared the community the cost and inconvenience of what was to be a complex criminal trial.  I also accept that to some degree it is evidence of remorse for your offending.  Accordingly, I have taken your plea into account in your favour in mitigation of sentence. 

3You have admitted two minor prior court appearances in Quebec, Canada in 1988 and 1993.  However, in my opinion, these matters are not significant for sentencing purposes in your case. 

4A prosecution opening was read to the court and tendered in evidence and your offending may be summarised as follows: 

5On 10 June 2013, you were intercepted at Melbourne Airport having travelled here from Canada via Hong Kong.  Hidden in your suitcase was 2.831 kilograms of pure methamphetamine.  Your elder brother, Stephen Bow, was also intercepted with a suitcase containing 2.852 kilograms of pure methamphetamine.  The wholesale value of the methamphetamine in your suitcase was between 980,000 and $1,550,000.  Its street value was substantially greater than that. 

6It is the prosecution case that you were a mere courier and that you had been prevailed upon by your brother to carry out the importation.  The prosecution accept that your role in the offending was less serious than your brother, and that but for his suggestion and influence, you would not have been involved in this importation.  At the relevant time, your brother was a drug addict, and it would appear that the methamphetamine that you imported was supplied to him by his drug supplier. 

7The importation of border controlled drugs into Australia is clearly a serious offence.  Your offending concerned a commercial quantity of methamphetamine, a substance that causes incalculable damage to the society in which we live.  The sentence I impose must be calculated to deter you and others from offending in this way, and you must also be punished for what you have done. 

8I now turn to your personal circumstances.  You were born in Canada on 22 July 1965 and are now aged 49.  You have two children aged 29 and eight and I accept that your separation from them whilst in prison in Australia will involve hardship for you, and in particular, hardship for your eight year old son who resides in Canada with his mother.  You have a good work history as a stonemason, and I accept that you have provided well for your children in the past.  You suffer from back and leg related pain and injuries due to the effects of the arduous work that you have engaged in for almost 33 years.  You receive medication for this in prison. 

9With the exception of your brother, you have no friends or relatives in Australia and imprisonment here will involve significant isolation for you.  However, it would appear that you have responded well to imprisonment and are currently in charge of maintenance painting at the MRC. 

10In my opinion, your prospects for rehabilitation may properly be described as very good. 

11I have been referred to the sentence passed on your brother by His Honour Judge Mullaly and His Honour's reasons for imposing a sentence of seven years' imprisonment with a non-parole period of five years.  As I have already observed, it is accepted by the prosecution that your role in the offending was less serious than that of your brother, and that you would have not offended but for his influence. 

12I have also considered the factors relevant to sentence as provided for in s.16A of the Crimes Act 1914 (Commonwealth) and in the result, the sentence of the court is as follows.  Could you stand up, please, Mr Bow.

13In relation to the charge of importation of a commercial quantity of a border controlled drug, you are convicted and sentenced to be imprisoned for five years.  I order that this sentence commence today, that is 3 November 2014. 

14I direct that you serve three years and three months before becoming eligible for release on parole. 

15I declare that you have served 510 days by way of pre-sentence detention, not including today. 

16But for your plea of guilty, I would have imposed a total effective term of imprisonment of seven years, and imposed a non-parole period of five years. 

17You can be seated, Mr Bow. 

18MR BARRY:  The court pleases. 

19HIS HONOUR:  Are there any further orders required?

20MR BARRY:  No, Your Honour. 

21HIS HONOUR:  Thank you.  Thank you for your assistance, Mr Barry, in the resolution of this matter.

22MR BARRY:  Thank you, Your Honour. 

23HIS HONOUR:  We will adjourn now until Wednesday at 10 am. 

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