Director of Public Prosecutions v Qin

[2013] VCC 1975

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-01539

DIRECTOR OF PUBLIC PROSECUTIONS

v

HAN QIN

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	10 December 2013
CASE MAY BE CITED AS:	DPP v Qin
MEDIUM NEUTRAL CITATION:	[2013] VCC 1975

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For The Queen	Nr G. Schubert
For the Accused	Mr A. Parsons

HIS HONOUR:

1Han Lin Quin, you have pleaded guilty to one charge of attempting to possess a drug of dependence, namely ephedrine.  That crime carries a maximum penalty of five years imprisonment.  You are twenty years of age and clearly therefore a young offender.  You have no prior convictions and I take that very much into account.  You are also, it is conceded, to be deported upon completion of this sentence and any ambitions you may have had of remaining in Australia and making a life here are almost certainly dashed.  It will also materially affect you undergoing this sentence of imprisonment knowing that is to occur, because of your relationship with Ms Zheng, whose affidavit I have read. 

2She is an Australian citizen and I do not know what is going to become of all that but I accept that it makes life difficult for you.  I accept that now your plea of guilty is accompanied by appropriate remorse and you must also get the utilitarian benefit of that plea.  I accept again that you pleaded at the earliest reasonable opportunity.  It would appear from the material before me that you not only have remorse, but now at least, have a degree of shame that you have put your family and your partner through all this.

3You came from China to study and did study for a period of time.  Your father also came out and was supporting you.  He fell upon hard times and it is put to me that that is the reason that you became involved in.  What you became involved in was in the importation to Australia of 1.54 kilograms, pure weight, of ephedrine.  I accept that I could not find that you had a leading role in all this, but you were to pick up the ephedrine upon its arrival.  It was originally addressed to a house in Canterbury Road where the owner there apparently knew nothing of it.  Under a controlled delivery you were then intercepted saying that you were a certain person who was to receive that importation.  That gives rise to the attempt that obviously did not succeed.

4I refer to the Crown opening in the matter and simply annex that to my sentencing remarks, and I do not need to go much further.  In terms of role, however, I note that in the car in which you were driving which was rented, there were at least two driver's licenses and that one of those driver's licenses was in the name of a person who was supposedly to receive a subsequent delivery.  I do not think this was a simple one-off, you were involved but it cannot be put other than that you were at the other end of it.

5The simple fact of the matter is that you cannot do this.  The importation and the obtain and possession of drugs such as this ruins lives.  General deterrence plays a very significant role in all of this.  I accept that the odds on you doing it are again are very slight indeed.  But there must be a gaol sentence and it must be a significant one.

6I do however take into account as I have said the matters relating to deportation, your age and your lack of prior convictions.  I also accept that with your partner and father residing in Sydney that your detention in custody has been more difficult and traumatic because of that isolation and the fact that you do not speak English particularly well. 

7As I have indicated, these sentences are really about youth and no priors versus general deterrence.  I have been provided with a number of comparative cases which I have found of assistance, which pretty much confirm what I thought in the first place.  The prospects of your rehabilitation are entirely up to you.  As I have indicated, the risk of you re-offending certainly in this respect is I think very, very low indeed. 

8In any event, on the charge of attempted to possess pseudoephedrine, you are sentenced to be imprisoned for a period of 18 months. I direct that nine months of that be suspended for a period of two years. I direct that 207 days be reckoned as having been served under this sentence. Pursuant to s.6(AAA) of the Sentencing Act, I say that but for your plea of guilty you would have been sentenced to be imprisoned for a period of two years with a minimum term of one year.

9All right, if you could stand up for me for a moment please Mr Qin.  You have been sentenced to 18 months imprisonment.  Nine months of that is suspended for two years.  And 207 days is to be reckoned as having already been served.  I understand you will be deported upon the expiration of this sentence but I

10I still warn you that if you were to be found guilty of any offence carrying a punishment of imprisonment within the next two years, unless you showed exceptional circumstances, you would have to do the rest of it.

11I accept that that is very unlikely and that you are using your time in gaol intelligently but I just have to tell you that.  All right, any other orders I need to make, gentlemen?

12COUNSEL:  No, Your Honour.

13HIS HONOUR:  I that is it.  All right, thank you for that. 

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