Director of Public Prosecutions v Odumegwu

[2016] VCC 553

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-02290

THE QUEEN

v

JOEL ODUMEGWU

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	6 May 2016
CASE MAY BE CITED AS:	DPP v Odumegwu
MEDIUM NEUTRAL CITATION:	[2016] VCC 553

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Ms M. Curmi
For the Accused	Mr D. Cole

Pages 1 - 6

 

 

HER HONOUR: 

1Joel Odumegwu, you have pleaded guilty to one count of attempt to possess a commercial quantity of an unlawfully imported border controlled drug contrary to s.11(1) of the Criminal Code (Cth).  The maximum penalty for this offence is life imprisonment.  In sentencing you I take into account the relevant matters listed in s.16A of the Crimes Act (Cth).

2The circumstances of your offence are fully set out in the prosecution opening upon plea dated 22 April 2016, Exhibit A, though it can be summarised as follows.  On 3 September 2015 a controlled operation was conducted by federal police which involved the delivery of a consignment that included four refrigerators from which 4.71 kilograms of pure methylamphetamine had been removed and replaced with an inert substance.  You collected the boxes containing the refrigerators.

3As a result of federal police targeting West African organised crime and narcotic importations into Australia, your co-accused Chibuike Anyasor and Tayo Adewumi became persons of interest.  Police intercepted a phone linked to Anyasor which revealed enquiries being made regarding the relevant bill or documentation connected to the consignment.  Additionally an email address was provided to the relevant authority regarding the consignment, namely [email protected].

4A consignment arrived in Australia from Thailand on 29 August 2015.  There was email correspondence with the above address and ASEAN regarding various details, including as to collection of the consignment and other associated costs.  Police intercepted further conversations between Anyasor and Adewumi regarding the consignment and emails about details for delivery of the consignment.  Federal police intercepted the consignment and replaced the drugs with an inert substance when it arrived in Australia.

5On 3 September police intercepted some phone calls between you and Anyasor.  A message had been received that the consignment was available for collection from 1 pm.  Anyasor made arrangements for another person, Endurance Edi, to collect the consignment in a truck used for his wife's business.  At about 2.19 pm you were phoned by Anyasor and soon thereafter he and Adewumi came to your house.  Edi collected the consignment in a white Toyota van, then unloaded it in the front yard of an address in St Albans.

6At about 4.15 pm you drove a black Lexus wagon with Adewumi to that
St Albans address and loaded the four boxes with the refrigerators into the wagon.  Minutes later you were phoned by Anyasor, who told you to check the fridges.  After you had loaded them into the wagon and driven a short distance into a neighbouring street, you did so.  By that time Anyasor had joined you, but you had dropped off Adewumi at another address.

7You got out of the wagon and opened one of the boxes, broke into the door on the fridge and checked whether the drugs were there.  Anyasor did the same.  You then drove off in the wagon.  You dropped off Anyasor, then went to your home address.  You were arrested soon after with the consignment still in your wagon.  Later investigations linked you to the email address mentioned above.  Anyasor and Adewumi were also arrested later that day.

8You participated in a record of interview on 4 November 2015.  During the interview you named the person in Nigeria, Iwuchukwu, as the person who you had been speaking to regarding the consignment.  He sent you the emails to that address and you forwarded them to Anyasor.  You said Iwuchukwu had kept track of what was going on through accessing the emails.  You said you knew it was in relation to bringing goods into Australia but that you did not know what kind of goods they were until they arrived.  You said Anyasor had the relevant contact with people re: the deliveries; he spoke English and you did not.

9You said Iwuchukwu had been in Australia and that you had met him through your gospel preaching in Sunshine.  He was the person who provided you the phone and email.  You did not know that this was to assist Iwuchukwu in the importation of drugs when you got the phone.  The only people you called on that phone were Iwuchukwu and Anyasor.

10You confirmed your movements on 3 September as set out above.  You said you were told by Iwuchukwu to take the fridges to your house and that someone would collect them.  You did not know the person who was coming to collect them.  You said you were told by Iwuchukwu and Anyasor that there was ice in the fridges.  You were told by Iwuchukwu that you would receive $4,500 for picking up the fridges from the consignment.

11The potential wholesale value of the drugs is between 1.8 million and
1.298 million with a street value of between $4,482,825 and $5,977,100.  The amount of drugs is more than six times the threshold amount of 750 grams.  Clearly the amount and the value of the drugs is an aggravating feature of your offending.

12You are currently 52 and have no prior convictions.  You came to Australia in 2013 with your wife, though you are now separated.  I understand that you now have another partner and both she and your ex-wife were in court during the plea.

13You were born in Nigeria in 1964 and lived with your mother and three older sisters in a small village.  Your father died when you were very young and your mother struggled to raise the family.  You did not attend school beyond primary school and you helped your mother working on the farm.  I was informed that one of your sisters has recently passed away from a stroke but that your other sisters are in good health.

14You married in 1996 and your wife had a successful palm oil business.  You had been a preacher in Nigeria and also a shoe salesman.  You came to Australia on a spousal visa with your wife, who was on a study visa.  Unfortunately the marriage broke down and you resorted to alcohol use, after abstaining for almost 20 years. 

15You have five children aged 20, 18-year-old twins, 15 and 13.  They remain in Nigeria and are looked after by your family members.

16You envisaged coming to Australia as a pathway to permanent residency, then citizenship.  Whilst in Australia you worked in a scrapyard, earning about $1,200 a week, and also found some part-time work.  You were attempting to make sufficient funds in this country to improve the economic circumstances of your family in Nigeria; however, about two  months before this offence, you lost your job and were unemployed.  You were not able to send any money home, as you were not entitled to any benefits on the visa that you were on.

17You met your co-accused at a local restaurant in Sunshine who you socialised and drank alcohol with.  They also have West African backgrounds.  As indicated in your interview, you were to be given $4,500 for your involvement.  The prosecution did not dispute that your expectation of reward was any more than that.

18I take into account that you have pleaded guilty to the charge.  You pleaded guilty at an early opportunity, which illustrates your acceptance of responsibility for the offence and a willingness to facilitate the course of justice.  I accept your plea is indicative of remorse.  You have expressed remorse for your offending and this was consistent with your presentation before me in court.

19You made full admissions in your record of interview regarding your involvement in the offence.  You have thereby cooperated with the investigators, which is also consistent with remorse. 

20I take into account the fact you have no prior convictions, although the authorities dealing with the sentencing for this type of offence suggest that that is to be given less weight in this type of offending.

21I take into account the character references that were provided to me.  As well as you having no prior convictions, it is apparent that your involvement in this kind of offending was out of character and that you are a mature-age first offender.  It is noted in one of those references that you present as a quiet and respectful man who shows remorse and have reflected on the consequences of your actions that have brought you to this point.

22I accept that you have good prospects for rehabilitation and are unlikely to be involved in such criminal offending again.

23I take into account your immigration status is likely to be affected by the sentence I am about to impose.  It is likely that you will be deported at the conclusion of your sentence and that such consequence and uncertainty regarding your future will weigh upon you whilst you are serving your time in custody.

24The dominant sentencing consideration for offences involving the importation of drugs is deterrence.  People who engage in this kind of conduct can expect to receive a significant term of imprisonment.  The seriousness of this offence is reflected in the maximum penalty.  The value and amount of the drugs involved was significant.  The potential social, economic and personal damage to individual members and the community as a whole with the availability of this drug is enormous.  This court must pass a sentence which is designed to deter those who may engage in this type of conduct. 

25I take into account matters in mitigation, including your plea, personal circumstances and the role that you played in the attempted importation of these drugs. 

26It was conceded by your counsel that nothing less than an immediate term of imprisonment will be sufficient to adequately punish you for your crime and also to deter others who may be minded to commit similar offences or become involved in the importation of drugs.  Could you stand up, please.

27In respect of the charge you are convicted and sentenced to seven years' imprisonment with a non-parole period of four years.  You have been in custody since your arrest on 3 September 2015 and the pre-sentence detention as of today is what, please?

28MS CURMI:  Two hundred and forty-six days, Your Honour.

29MR COLE:  Two-forty-seven.  Your Honour said today?

30HER HONOUR:  Yes.

31MR COLE:  Two-forty-six from yesterday, 247 including today. 

32HER HONOUR:  Two-forty-seven days pre-sentence detention is declared.  Thank you.  Are you there any other matters?

33MS CURMI:  6AAA, Your Honour, but for his plea of guilty.

34HER HONOUR:  Yes.  I was not sure if that applied to Commonwealth matters.  Pursuant to s.6AAA, if you had not pleaded guilty to this offence I would have imposed a sentence of ten years' imprisonment with a minimum term of eight years.

35MS CURMI:  Thank you, Your Honour.

36MR COLE:  As Your Honour pleases.

37HER HONOUR:  Thank you.  I will just stand down.

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