Director of Public Prosecutions v Dong

[2014] VCC 1386

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 11-01612

DIRECTOR OF PUBLIC PROSECUTIONS

v

BING DONG

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	12 August 2014 and 14 August 2014
DATE OF SENTENCE:	22 August 2014
CASE MAY BE CITED AS:	DPP v Dong
MEDIUM NEUTRAL CITATION:	[2014] VCC 1386

REASONS FOR SENTENCE
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Subject:
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Cases Cited:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Doyle	C.D.P.P.
For the Accused	Mr G. Georgiou SC Ms C. Gwynn	Lewenberg & Lewenberg

HIS HONOUR:

1

Bing Yao Dong, after a trial that occupied 15 sitting days, including six days of legal argument, you were found guilty by the jury of the following offences-

(i) Importing a marketable quantity of a border controlled drug contrary to sub-s.307.2(1) of the Criminal Code (Cth). The maximum penalty for that offence is 25 years' imprisonment;

2(ii) Dealing with property reasonably suspected as being the proceeds of crime, contrary to sub-s.400.9(1A) of the Criminal Code (Cth). The maximum penalty for that offence is two years' imprisonment;

3(iii) Trafficking in a controlled drug, contrary to sub-s.302.4(1) of the Criminal Code (Cth). The maximum penalty for that offence is ten years' imprisonment.

4You have no prior convictions, subsequent convictions, or outstanding charges.

5The circumstances of your offending may be summarised as follows- 

6

On

6 December 2010, a package containing 360.8 grams of methamphetamine arrived in Melbourne by post from China.  The total net weight of pure methamphetamine was 263.5 grams.  The package was addressed to premises occupied by you and your boyfriend, Yan Lin. 

7Following an examination of the package, police executed a search warrant at your premises on 21 December 2010.  During the search, 6.1 grams of methamphetamine, 3.8 grams of which was pure methamphetamine, was located in the kitchen.  Investigating police also located items for use in drug trafficking, including scales, small clip-seal bags, and spoons containing traces of methamphetamine.  Police also located $25,000 cash in your handbag. 

8You were arrested, and during the course of a record of interview, you denied knowledge of the importation or any drug trafficking that had taken place from your premises.  You stated that the $25,000 in your handbag was your boyfriend's and was to be invested, by him, in a night club.

9Further investigations by police disclosed that you had transferred $54,000 to China and, at the time the methamphetamine was posted, recorded details of the package and, in all probability, tracked its passage from China.  A body of financial evidence was also led in your trial that disclosed that you had access to a total of $161,000 in unexplained income at the relevant time.  I am satisfied that you and your boyfriend conducted a business of drug trafficking from your premises and the methamphetamine imported from China was to be supplies for that business.  It is not possible to identify, with precision, the role you played in that business, other than to say you must have played an important role that included financial management. 

10Your offending was motivated by profit, and there is no evidence that you used drugs of dependence and trafficked for that reason.  Yan Lin has not been apprehended and, in all probability, has returned to China.  I accept that he was influential in your life at this time, and that this influence contributed to your offending.

11Importing and trafficking border controlled drugs for profit is offending of the utmost seriousness.  The sentence I impose must be calculated to deter you and others from offending in this way.  You must also be punished for what you have done.

12I now turn to your personal circumstances.  You were born on 5 November 1988 in Yinchuan in Northern China.  You were 22 at the time of your offending and are now aged 25.  You are, therefore, a youthful first offender and I accept that the sentence I impose must provide for your future rehabilitation.

13You are a highly intelligent young woman, and are the only child of a wealthy and high-achieving family.  Your parents, who reside in China, attended your trial and conducted themselves with dignity throughout the proceedings. 

14Upon your release from prison you will, no doubt, be deported, and whilst your future will be in China, I accept that your prospects for rehabilitation are very good.  Your offending occurred while you were a student at Monash University, and you had intended to seek permanent residence in Australia.  I accept that your conviction and deportation has also brought your plans to an end, and you are also concerned about how your life in China will be affected by your conviction in Australia for drug offences.  Nevertheless, despite this, you will have the support of your family on your return.

15Your offending occurred almost four years' ago, and you have abided by strict bail conditions during that time.  You have not re-offended, and you have worked and continued to educate yourself.  I also accept that your imprisonment will involve considerable hardship for you by reason of your isolation from your family. 

16Your case is a difficult sentencing exercise, and I have anxiously considered the application of the various factors I must have regard to by operation of s.16A of the Crimes Act 1914.

17In the result , the sentence of the court is as follows -

18On the charge of importing a marketable quantity of a border controlled drug, you are convicted and sentenced to be imprisoned for five years.  I direct that that sentence commence on 22 May 2015.

19On the offence of dealing with the proceeds of crime, you are convicted and sentenced to be imprisoned for nine months.  I direct that that sentence commence on 22 February 2015.

20On the charge of trafficking in a controlled drug, you are convicted and sentenced to be imprisoned for two years.  I direct that that sentence commence this day, that is, 22 August 2014. 

21That makes for a total effective term of imprisonment of five years and nine months.

22I direct that you serve three years and six months imprisonment before becoming eligible for release on parole.

23I declare that you have served 12 days by way of pre-sentence detention.  You can be seated Ms Dong.

24MR FURSTENBERG:  As Your Honour pleases.

25HIS HONOUR:  Are there are any further orders required?

26MR FURSTENBERG:  No Your Honour.

27MS SKOBLAR:  No Your Honour.

28HIS HONOUR:  Thank you.  Ms Dong, that means that you will be eligible for release on parole in three years and six months, less 12 days from today's date.  We will adjourn now until 11.00 am.

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