Director of Public Prosecutions v Chen

[2018] VCC 1348

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00899
CR-18-00300

DIRECTOR OF PUBLIC PROSECUTIONS

v

XI CHEN and
ZHOUNAN ZHAO

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	29 June 2018
DATE OF SENTENCE:	21 August 2018
CASE MAY BE CITED AS:	DPP v Chen & Anor
MEDIUM NEUTRAL CITATION:	[2017] VCC 735

REASONS FOR SENTENCE
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Catchwords:             Criminal law – sentencing – finding of guilty following trial – import marketable quantity of a border control drug contrary to s. 307.2(1) of the Criminal Cod (Cth) – term of imprisonment imposed.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Tittensor	John Cain, Solicitor for the Director of Public Prosecutions (Cth)
For Accused Chen	Mr J. Miller	Paul Vale Criminal Law
For Accused Zhao	Ms M. Mykytowycz (Plea) Mr S. Healey (Sentence)	Victoria Legal Aid

HER HONOUR:

1Xi Chen, you have been found guilty following trial of five charges of importing a marketable quantity of a border controlled drug, contrary to s.307.21 of the Criminal Code (Commonwealth).

2Zhounan Zhao, you have been found guilty of four counts of the same offence following trial.

3The charge of importing a marketable quantity of a border controlled drug is serious, and one measure of the seriousness of the offending is reflected in the maximum penalty prescribed by Parliament, and that is 25 years' imprisonment or a fine of $900,000.

4I shall now proceed to sentence you both in accordance with Part 1B of the Crimes Act 1919 (Commonwealth).

5In addition to any other relevant factors I have specifically taken into account the matters listed in s.16A(2) that are relevant and known to the court. 

6I must impose a sentence that is of severity appropriate in all of the circumstances.

7I consider that the imposition of a sentence of imprisonment is the only appropriate punishment in all the circumstances in respect to both Ms Chen and Ms Zhao.

8By way of background you were both part of a Melbourne based syndicate, involved in the importation of heroin into Australia from Malaysia.  The syndicate operated by nominating various consignees at various addresses in Melbourne to receive packages that were sent from Malaysia that contained the drug heroin.  The packages would be collected from the consignees and then taken to a contact in Springvale in exchange for money.

9Through its verdicts the jury accepted that you both dealt with the packages the subject of your particular charges in connection with their importation by providing a delivery address, being a consignee and/or liaising with others in relation to the consignments.  The offending involves a course of conduct and you will be sentenced on that basis.

10The period of offending set out in the indictment for Ms Chen is between 28 August 2016 and 6 October 2016, and for Ms Zhao 1 September 2016 to 6 October 2016.

11Ms Chen, you have been convicted for your involvement in importing five separate consignments containing heroin between those dates that I have just mentioned and you, Ms Zhao, have been convicted for your involvement in importing four separate consignments containing heroin in respect to the dates that I have just mentioned.

12In respect to Ms Chen, a total of 1,146 grams of pure heroin was imported, being made up of the five consignments, the first one of which contained 221 grams of pure heroin, the second 220.8 grams of pure heroin, and the third 236.8 grams of pure heroin, the fourth 223.4 grams of pure heroin, and the fifth 244 grams of pure heroin.

13Ms Zhao, in respect to the four consignments, the total weight of pure heroin is 921.6 grams, the first one being 221.4 grams of pure heroin, the second 235.9 grams of pure heroin, the third 249.1 grams of pure heroin, and the fourth 215.2 grams of pure heroin.

14Ms Chen, you are also known by the name “Tiffany”.  You were listed as a tenant, along with Jordan Carter, at a unit in Docklands and ultimately police arrested you at that address.  During the relevant period you were also staying with your then boyfriend at a unit in Franklin Street, Melbourne. 

15Ms Zhao, during the relevant period, you were known by the name “Lydia” and you were living at a unit in William Street, Melbourne, and working at a place known as Kawai Sushi located in Swanston Street, Melbourne.  Both of you communicated with each other on mobile phones that were the subject of lawfully intercepted telephone calls.  Others involved in the syndicate in Melbourne were Chee Ho Chow, also known as “Lucas”, who was your boyfriend, Ms Chen, and he lived at a unit in Franklin Street, Melbourne, as well as another male Kheng Ooi, also known as “Jeff” was involved and he lived at a unit in Springvale.

16During the relevant period covered by the indictment you would communicate with each other on the Chinese social messaging app known as WeChat.

17Police were able to ascertain that during the period from 28 August to 7 October 2016, there were consistent exchanges of WeChat screenshots of DHL and UPS delivery notification schedules and consignee details between both Ms Chen and Mr Chow and also between Ms Chen and
Ms Zhao.  Those exchanges related to the various consignments that were then intercepted by the Australia Border Force that contained the border controlled drug the subject of the charges.

18From 28 September to 7 October 2016, intercepted calls between both you, Ms Chen, and Ms Zhao, revealed dialogue and regular conversations in relation to specific DHL and UPS tracking numbers, delivery addresses, and expected delivery dates of consignments.

19Ms Chen, you were arrested on 7 October 2016 and thereafter you participated in a record of interview during which you made some admissions in relation to providing addresses for the consignments to be sent to, and general details about what would happen with the packages once they were received.

20You admitted to police that your boyfriend, Lucas, would obtain a few hundred dollars in cash in respect to arranging addresses and for taking the packages out to Springvale to be delivered to the person known as Jeff.  Sometimes you said that you would receive $100 or $200 in cash.

21Following an awareness that Ms Chen had been arrested, Ms Zhao, you independently contacted police.  You agreed to attend the Australian Federal Police and on 10 October 2016 you participated in a formal record of interview.  You made numerous admissions to police concerning your involvement with Ms Chen in relation to the consignments.  You told police that you would receive nominal sums of $200 for having received the parcels and then delivering them to your friend Tiffany, who is Ms Chen.  You told police that you were aware of her boyfriend getting money for receiving the parcels and that you were also aware that Tiffany, Ms Chen, and her boyfriend would take the packages out to someone in Springvale.

22At trial the matter proceeded in an expeditious manner and numerous admissions were made pursuant to s.191 of the Evidence Act 2008. Essentially, none of the factual matrix was in dispute. It was a case where what was in contention were what were the inferences that could be drawn from the known evidence. The level of cooperation of you both has been taken into account in formulating the appropriate sentence.

23Insofar as the respective roles that you played is concerned, a critical consideration for the jury to determine was what each of you did in relation to your participation in relation to the drug importations and also your intention.  Your criminality has been assessed by a consideration of the steps that each of you took to effect the importations.

24The prosecution asserted and the findings of guilt are consistent with you both being involved in that you dealt with the border controlled drug in connection with its importation in relation to each of the charged offences for which you have been found guilty by providing a delivery address, being a consignee and/or liaising with others in relation to each of those consignments.

25Whilst neither of you were the mastermind of the importations, your respective roles were still crucial to the successful operation of the syndicate, which relied on having various addresses and consignees available here in Melbourne to receive the border controlled drug.

26The prosecution submitted and it was not contested that you, Ms Chen, were slightly higher up in the syndicate having regard to your proximity to both Lucas and also the man known as Jeff, and to your involvement in recruiting Ms Zhao to provide the various addresses and thereafter to assist you with the tracking and collection of consignments the subjects of your charges. 

27Ms Zhao, your role was more than just providing a post box for the delivery of the consignments for which you face charges.  You actively assisted Ms Chen in the tracking of the consignments and in their collection on occasion and you were aware that they were exchanged for money.

28You are both to be sentenced on the basis that you intentionally imported a substance into Australia, the substance comprising a marketable quantity of border controlled drug, and each of you either intended or were reckless as to the substance being a border controlled drug.

29The offence does not require proof that either of you knew or were reckless as to the identity of the particular border controlled drug imported.  Absolute liability applies in relation to the quantity of the drug.

30This is not a case where the prosecution was able to allege that either of you knew or were reckless as to the particular identity of the drug, heroin or the specific quantities being imported.  However, this does not mitigate the offending[1].

[1]Lau v R [2011] VSCA 324

31Part 9(1) of the Criminal Code sets out a quantity-based regime which differentiates drugs according to prescribed pure weight.  The weight of the drug is ordinarily a highly relevant factor (albeit not the chief factor), to which regard must be had in determining the seriousness of the offence.

32In this case, Ms Chen, you have been convicted of importing a total of 1,146 grams of heroin and, Ms Zhao, you have been convicted of importing a total of 921.6 grams of heroin.

33A marketable quantity of heroin is 2 grams and a commercial quantity is 1.5 kilograms.

34Ms Chen, you have therefore imported 573 times the minimum marketable quantity of heroin and, Ms Zhao, you have imported 460.8 times the threshold amount.

35In respect to you both, the offending is very serious having regard to the amount of drug imported and the course of conduct involved in the importation of the drugs the subject of the charges for which you have been found guilty.

36The value of the drug is relevant to the commerciality of the offending, the motivation for the offender to commit the offence and also temptation of others to commit similar offending.

37The prosecution submitted and I accept that the heroin imported would have been of significant financial value, at least in the hundreds of thousands of dollars. 

38It was acknowledged by the prosecution that the financial gain related to your involvement in the importations were modest, and in particular, Ms Zhao's were very modest. 

39Overall, I am satisfied that you, Ms Chen, were involved at a relatively higher level than Ms Zhao in the syndicate.  Ms Chen, you were responsible for recruiting your friend Ms Zhao to provide addresses in Melbourne to receive packages from Malaysia and provided that information to others to enable the delivery of packages.  Thereafter, you were active in obtaining the successful delivery of the packages for which you have been found guilty, collecting those packages and taking them to Springvale to your Springvale contact in exchange for money.

40Ms Zhao, you were involved to the extent that you provided your personal details to enable the delivery of the packages to you then place of employment at Kawai Sushi and to the unit where you were living in William Street, Melbourne.  You also actively assisted Ms Chen with respect to the various consignments, accessing tracking details and checking on the status of the progress of the consignments and informing Ms Chen and conversing with her about delivery.

41I am satisfied that the jury verdicts reflect in respect to each of the charged offences that they were satisfied that you both intentionally imported a substance into Australia, the substance comprising a marketable quantity of border controlled drugs, and that you intended or were reckless as to that substance being a border controlled drug.  For Ms Chen in relation to Charges 1, 3, 6, 8 and 9 and in respect to Ms Zhao, Charges 2, 4, 5, and 7.

42In the past, courts have consistently emphasised the need for sentencing judges to emphasise general deterrence and denunciation as prime considerations in sentencing for drug importation offences and stern punishment will be warranted in almost every case[2].

[2]R v Nguyen: R v Pham (2010) NSW CCA 238; (2010) ACrimR 106

43The reason for this being the difficulty of detecting such offences and also the great social consequences that flow from the movement of border controlled drugs into Australia and their distribution within the country[3]. 

[3]Wong v R (2001) 207 CLR 584 per Gaudron, Gummow and Hayne JJ at [64]

44Consequently, as a general principle those who are involved at any level in the importation of a border controlled drug into Australia should know that they run the risk of incurring a substantial sentence if apprehended[4].

[4] (ibid) at [64]

45It is accepted by the prosecution that neither you, Ms Chen, nor you,

[5]Nguyen and Pham [72] at 10

Ms Zhao, have any prior convictions and that each of you were of previous good character.  However, previous good character of a person involved in a drug importation offence is generally to be given less weight as a mitigating factor than it might otherwise be given[5].

46In formulating the appropriate sentence I have had regard to each of your personal histories and background.  Ms Chen, you were born in the Guizhou province in southwest China.  You are an only child.  Your father was very strict and controlling and your relationship with your parents was one that is described as being emotionally distant.  You were very lonely as a child.  At age 16 you were sent to Australia on a student visa to complete your education and travelled here with some family members who were allocated responsibility to care for you. 

47Ultimately, they were not very supportive of you.  There was a situation whereby you were raped on two occasions by a male boarder who shared premises where you were then living.  You were very traumatised by these incidents and told both your mother and aunt.  However, they did not believe you.  Shortly after those incidents your aunt left Australia and returned to China.  You were left alone to fend for yourself.

48You were able to complete your secondary education at a boarding school in Perth and then relocated to Melbourne to commence your tertiary education.

49Sadly, your father passed away from kidney cancer whilst you were living in Melbourne.  That necessitated your return home to China.  Your relationship with your mother did not improve and you found it very difficult to cope with both your father's death and your mother's distress.  Eventually you returned to Australia.

50Ultimately, because of the difficulties you were experiencing, you abandoned your studies.  You worked in several casual jobs.  You had problems maintaining a decent income.  You started working in a brothel for a couple of years prior to the offending.  You met your former partner and now friend, Jordan Carter, in 2007.  You had a relationship with him for some eight years and separated in 2015.  Whilst formally separated, you continued to live separate and apart in the rental unit at the Docklands area and he still maintains his friendship with you.  He continues to visit you weekly in prison.

51You then met the fellow known as Lucas, also known as Chee Ho Chow, and whilst living separately from him, you did regularly spend nights at his unit in Franklin Street.  You believed that that relationship was a strong one and you had prepared for marriage.  You now recognise that you were manipulated by him.  He put pressure on you to assist with the importation business.  Following the laying of the charges there has been no contact with him.  His whereabouts are currently unknown.

52Your mother is aware of your current situation but has not visited you whilst in gaol.  You have no contact with any extended family or friends other than your friend Jordan Carter.

53I have had regard to the report prepared by Ms Lisa Jackson, a psychologist.  Her report is dated 29 May 2018.  She outlined the impact of your  difficult childhood and her opinion was that left you emotionally vulnerable and victim to manipulation by others.  She noted that there was no history of substance abuse or offending history.  She considered you at low risk of further offending and that you had good prospects for rehabilitation.

54With limited English skills, no family in Australia and only one friend visiting in gaol, she states, and I agree, it will be difficult for you whilst undergoing sentence. 

55Your mother does not propose to visit you whilst you are in prison. 

56Ms Jackson recommended counselling to address your past history of trauma.  She considers that you are in the average range of intelligence for both verbal and non-verbal scores and following testing she stated you exhibited severe symptoms of depression and anxiety and that you were in the severe range for stress.  She also considered that you reveal a history of post-traumatic stress disorder, and whilst some of the symptoms are still evident the impact has been reducing over the years.

57Mr Miller, on your behalf, did not seek formally to rely upon the application of what is known as the Verdins principles.  I have, however, taken into account in a general sense the background material and history that has been provided.  I accept having regard to your past history that you were a person who was vulnerable to manipulation by the man known as Lucas to become involved in this importation enterprise or syndicate. 

58Nevertheless, I am satisfied that you were aware of the substantial risk that the substance imported was a border controlled drug and that in all the circumstances as you knew them to be it was unjustified to risk importing the substance.

59It is accepted by Mr Miller that your role is a step above that of a mere courier and that you recruited Ms Zhao, your co-accused, and therefore your role in these importations is the more serious. 

60You now acknowledge this and regret this part of the offending.  Previously you had planned to live in Australia for the rest of your life, marrying and having children here. 

61You are a permanent resident of Australia. 

62Because you will receive a term of imprisonment of more than 12 months in relation to the offending, your visa will be revoked under s.501 of the Migration Act and the uncertainty of the potential for deportation is something that will affect you whilst undergoing sentence and I have had regard to that uncertainty and also the fact that you have lost the opportunity to remain here in Australia.

63Mr Jordan Carter's reference states that he has known you for more than ten years, having first met you at Latrobe University.  He said that you were in a loving relationship for some seven years.  He is shocked by your involvement in this criminality.  He believes the behaviour to be completely out of character and conflicts with his observations of your character during the time that he has known you.

64He confirms that you now accept full responsibility for your situation and that you feel an ever present deep sense of shame.  He noted that you are positive and productive whilst in prison.  You run a cooking team that produces meals for 95 prisoners each shift.  You are now more reflective and mature.  You are reading daily in both English and Mandarin. 

65Mr Miller acknowledged on your behalf that an immediate term of imprisonment was the only available disposition in all the circumstances.

66Ms Zhao, I turn now to your personal history and circumstances.  You are aged 24 and were 22 at the time of the offending.  You were a relatively youthful offender and that is a factor that I have had regard to and your rehabilitation is an important aspect of the sentence. 

67You are an Australia citizen and you will be sentenced on the basis that you have been found guilty of the four importations that occurred over the 28-day period as set out in the indictment, being 1, 19, 21 and 28 December 2016.

68Your offending conduct in respect to each of the four charges as described was to provide your work and home addresses to Ms Chen so as her boyfriend Lucas could receive the parcels from Malaysia.  You provided the addresses when they were asked for.  I accept that your level of criminality is objectively less than Ms Chen's insofar as she actively recruited you and exploited your friendship.  That information was then used by the syndicate members in Malaysia to arrange the consignments to be sent to Australia.  You trusted Ms Chen, she was a friend to you who in the past had assisted you when you were particularly vulnerable and in particular, following the breakdown of a relationship.  You believed initially that you were helping her out.

69I am satisfied that you participated in this enterprise because of some financial reward and that you did receive a relatively modest amount for your participation in the syndicate.  Notwithstanding my findings in relation to your role, you were nonetheless a very important cog in the importations.  You were important in the syndicate in providing the information that they were able to use to deliver the consignments to the various addresses.  You actively engaged with Ms Chen in assisting her with respect to the delivery of the consignments here into Australia, accessing tracking details on her behalf with both DHL and UPS on occasions.  You had an awareness of the arrival of the packages and tracking details. You were aware that Tiffany or Ms Chen was using various names and you were also aware of the urgency or the necessity to deliver the parcels to Springvale upon their receipt and moneys being exchanged.

70I am satisfied that you were reckless as to the packages containing a border controlled substance but that you were not aware of the weight quantity of the value or the type of drug involved.  You are a person who is otherwise of good character, but as stated earlier, in cases of this nature that is accorded less weight.

71You were born in Hefei in the province of Anhui, China.  Your grandparents and other relatives remain living in China.  You have distant relatives scattered throughout China.  You, too, are an only child.  You moved from your place of birth to Shanghai and lived there with your parents.  Your father subsequently left Shanghai and went to live in New Zealand.  You remained with your mother in China for a period of two years and then relocated and met up again with your father in Western Australia in about 2004 or 2005.

72You had a difficult time at school in Western Australia because of language difficulties and you describe feeling very lonely.  Your father is described as being strict and controlling and he would make you study English before and after school.  Eventually the family relocated to Tasmania where your parents remain living and they own a small orchard or small farm from which they sell fruit and vegetables to wholesalers.

73You completed your high schooling in Tasmania. After completing Year 12 you then left Tasmania and came to Melbourne University to commence studying a Bachelor of Agriculture.  You did not complete that degree and left after three semesters.  You became self-sufficient working at Kawai Sushi.  Once you left university your father did not support you financially. 

74In the latter half of 2016 you enrolled in a diploma of accounting at Victoria University and then transferred to RMIT at the commencement of 2017.  During the second semester of 2017 your father had a health scare, following which you were required to return to Tasmania to assist your mother.  That meant that you were unable to complete the semester due to your family demands.  You were then subsequently charged with these offences so that course has not been completed.

75Your early childhood and early adulthood has been marred by your exposure to domestic violence.  Your father physically harmed both you and your mother. 

76A psychological report compiled by Ms Carla Ferrari sets out in detail the impact of your childhood exposure to violence.  Your father has subsequently dealt with his anger management issues and has been actively having treatment for anxiety and depression.  You have a boyfriend, Sim Huang, who is also known as Ricardo.  You met him in 2017 and started living with him in September of 2017.  He was present throughout the trial and remains supportive.

77In sentencing you, I have had regard to your cooperation with the authorities insofar as there were admissions made in the record of interview and also the fact that you provided them with the details of the person known as Junyan, and further you made significant admissions at trial that I have already referred to.

78Following your detention you have struggled to adjust whilst in custody.  Physically, you have had a flare up of a skin disorder.  Sadly, you miscarried a pregnancy at about six to eight weeks, commencing shortly prior to your remand. 

79Psychologically, you have had difficulties.  You have been prescribed antidepressant Zoloft or Pristiq. 

80You are making the most of your time in custody having enrolled in a maths and business course and also a textile course. 

81You have been working in custody, sewing items of clothing for male prisoners.  You are very isolated. 

82Despite the difficulties in your relationship with your parents, they are supportive of you and have been travelling backwards and forwards to visit you in gaol from time to time and have been present at the plea hearing and sentence.

83You are still a relatively young, intelligent person with real prospects for the future. 

84Ms Ferrari concluded that you are person with a predisposition to mental health issues due to your upbringing. As an adult you have been subjected to emotional and psychological abuse perpetuated by former partners which has served to reinforce your early life experiences.  She considered that your chronic pattern that you have displayed from adolescence of mood instability, anxiety and self-destructive behaviours to moderate your internal emotional distress were patterns that are suggestive of a borderline personality structure. 

85She considered the precipitating factors for your involvement in the offending appeared to be 12 to 18 months of deteriorating mental health following the breakdown of a long term relationship in which you were betrayed.  You now recognise that you were experiencing severe depression and anxiety symptoms and you were attempting to self-medicate those through alcohol use, which impaired your usual behaviour and functioning.

86She considers that you have a number of protective factors which are indicative of positive prognosis and will reduce your risk of reoffending.  You have good insight, you understand the ramifications of your behaviour on yourself, your co-accused, your family and your future.  You have indicated to her a willingness to engage in counselling to deal with the longstanding issues that she has described.  You have positive plans for the future, wanting to complete studies and seek further re-employment and also to obtain appropriate treatment in respect to your conditions.

87Your parents have been extremely supportive and your partner remains supportive.  All of those are strong protective factors.  Overall, she considers and I agree, that you are a low risk of reoffending and your prospects of rehabilitation are good.

88Your parents provided a letter to the court that confirmed the difficulties you experienced as a child being exposed to some violence at the hands of your father.

89Ms Mykytowycz, on your behalf, acknowledged the offending was unquestionably serious and considered that general deterrence was a key sentencing factor.  She submitted, and I accept, that you have been specifically deterred from offending and gaol has been a particularly difficult situation for you. 

90Overall, she submitted a gaol term was appropriate but having regard to your relative youth and difficulties coping with prison and protective factors, that a lengthier than normal non-parole period is appropriate.

91In relation to parity, it is accepted that Ms Chen has been convicted of one more offence than you and was involved in the importation of a greater amount of heroin and also had a higher role in the syndicate and therefore a disparity in sentence can be justified.

92In formulating the appropriate sentence I have had regard to the comparable cases relied upon by the prosecution.  They are only comparable and do provide some guidance.  Ultimately, I must sentence you both having regard to the particular facts and circumstances of your involvement with respect to the importations for which you have been found guilty, your own personal history and antecedents.

93Having regard to the conduct demonstrated following the offending, I consider that for both of you, the effect of your arrest and incarceration following these matters, has been very salutary and that the prospects for rehabilitation for both of you are good and that there is a low risk of reoffending.  I accept that specific deterrence is not a significant factor in this sentencing exercise.

94Overall, I must formulate a sentence that reflects punishment for the offending for which you have been found guilty and also have regard to the principle of totality.  I have already confirmed that there will be a disparity in sentence having regard to the different roles and also the greater charges Ms Chen has been found guilty of.

95I have regard to the cooperation with respect to the authorities and also with respect to the administration of justice through your actions in participating in the record of interview and also making sensible and appropriate admissions at trial.

96I will now announce the sentence. The formal Court orders are: in relation to Ms Chen, Charge 1, you will be convicted and sentenced to 54 months' imprisonment (which is four years, six months);  Charge 3, you will be convicted and sentenced to 54 months' imprisonment; Charge 6, convicted and sentenced to 54 months' imprisonment; Charge 8, convicted and sentenced to 54 months' imprisonment; Charge 9, convicted and sentenced to 54 months' imprisonment.  I make the following orders in respect to the commencement dates and that will provide for cumulation.

97The ultimate effect is that Ms Chen will have to undergo a sentence of eight years and six months with a non-parole period of six years. 

98Charge 1 is the first sentence, that is the base sentence of 54 months.  That is to commence today, 21 August 2018.  Charge 2 is to commence in a year's time, 21 August 2019; Charge 6 to commence on 21 August 2020; Charge 8 to commence on 21 August 2021; and Charge 9 to commence on 21 August 2022.

99The non-parole period for the Federal sentences announced today is to end on 21 August 2024, which on my calculation is in six years' time. 

100I declare that Ms Chen has been in custody 683 days and I direct that that be reckoned as a period of imprisonment already served under this sentence to be deducted administratively from her sentence.

101In ordinary parlance, that is a total effective sentence of eight years and six months, to serve a non-parole period of six years with a declaration of pre-sentence detention of 683 days.  I hope that that is appropriately announced.

102MS TITTENSOR:  I am instructed that's right, Your Honour.

103HER HONOUR:  Good.  Madam Interpreter, does Ms Chen understand that her sentence effectively is eight years and six months' imprisonment, to serve six years, with a declaration of 683 days sentence already served.

104OFFENDER CHEN:  (Through Interpreter) I understand, yes.

105HER HONOUR:  In relation to Ms Zhao, in respect to Charge 2 you will be convicted and sentenced to 42 months' imprisonment; Charge 4, convicted and sentenced to 42 months' imprisonment; Charge 5, convicted and sentenced to 42 months' imprisonment; Charge 7, convicted and sentenced to 42 months' imprisonment.  Charge 2 is the base sentence.  That is to commence on 21 August 2018.  Charge 4 is to commence on 21 August 2019.  Charge 5 is to commence on 21 August 2020, and Charge 7 to commence on 21 August 2021.  That is a total effective sentence of six years and six months, with a non-parole period fixed of four years' imprisonment and I make a declaration of pre-sentence detention of 111 days.  In respect to Ms Zhao, her non-parole period for the Federal sentence is to end on 21 August 2022.

106I declare that the period that Ms Zhao has been in custody, namely 111 days, be reckoned as period of imprisonment already served under this sentence which will be deducted administratively.

107I think that covers everything I need.  There weren't any other ancillary orders?

108MS TITTENSOR:  No, Your Honour.

109HER HONOUR:  Thank you all for your assistance and support.  It was a trial that was made much easier having regard to the cooperation from the legal practitioners and also Ms Chen and Ms Zhao through their admissions and their conduct generally, so I appreciate that.

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