Director of Public Prosecutions v Sun

[2017] VCC 1831

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-17-01639

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

v

SHIH-TING SUN

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	7 December 2017
DATE OF SENTENCE:	7 December 2017
CASE MAY BE CITED AS:	DPP v Sun
MEDIUM NEUTRAL CITATION:	[2017] VCC 1831

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Mr J. Lloyd	Commonwealth Director of Public Prosecutions
For the Accused	Ms A. Hancock	Balmer & Associates

HIS HONOUR:

1Shih-Ting Sun, you have pleaded guilty to one charge of importing tier one goods contrary to s.233BAA(4) of the Customs Act1901 (Cth). The maximum penalty for that offence is five years imprisonment and/or a fine of 1000 penalty units.

2You pleaded guilty at committal mention on 17 August 2017, two months after your arrest.  I have taken your early plea into account in your favour in mitigation of sentence.  It has spared the community the expense of a criminal trial and is some evidence of remorse in your case. 

3You have no prior convictions, subsequent convictions or outstanding charges.

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

5On 8 May 2017 you arrived in Sydney from Taiwan on a 12 month 457 visa.  You had friends residing there and you intended to obtain employment, although you speak little English and have few employment skills.

6Approximately one month after your arrival you agreed to take delivery of a parcel that was to arrive from overseas in Melbourne.  You were asked to do this by an associate of a friend in Sydney.  At the time you were experiencing financial pressure and agreed to accept the parcel in return for payment.

7On 10 June 2017 you travelled from Sydney to Melbourne and on 18 June 2017 the parcel arrived from the United Kingdom and was intercepted by Australian Border Force officers.  It was examined and found to contain 3.942 kilograms of pure ephedrine, a precursor used in the manufacture of methylamphetamine.

8The evidence discloses that the ephedrine could be used to manufacture 4.435 kilograms of that substance and the ephedrine was valued at between $118,000 and $157,000.

9A controlled delivery of the parcel occurred on 21 June 2017 to premises located in Box Hill where you were residing and you took delivery of it.

10Shortly afterwards investigating officers executed a warrant at the premises and you were arrested.  Two mobile phones were seized and an examination of them revealed ‘WIKR ME’ messages to you containing instructions regarding the parcel.

11In a record of interview conducted with investigating officers you made a number of admissions but you have not cooperated with them further or assisted them to arrest other persons associated with the importation.

12Whilst I accept that your role in the importation is at the lower level you nevertheless provided an indispensable step in the chain of delivery of a substance used to manufacture a border controlled drug.

13The sentence that I impose must be calculated to deter others from offending in this way and you must be punished for what you have done.  Furthermore, the sentence must provide protection to the community from offending of this nature.

14I now turn to your personal circumstances.  You were born on 11 June 1989 in Taiwan and you are now aged 28.  You come from a large family and have four step-siblings, although you were effectively brought up as an only child.  You completed your secondary education in Taiwan and thereafter worked in restaurants.  It would appear that you came from a strict family upbringing.

15I have received in evidence a psychological report of Ms Carla Lechner, a clinical psychologist dated 18 November 2017 setting out your background and psychological profile.  I accept that you are currently suffering from depression by reason of your incarceration and further you are experiencing isolation from your family and friends. I accept that your depression and this isolation will compound the hardship that you will experience by way of imprisonment in this case.  Furthermore, I accept that it is unlikely that you will reoffend and your prospects for rehabilitation may properly be described as good.

16You will be deported to Taiwan on the completion of your sentence or upon your release from custody.  I do not accept that the prospect of deportation in your case will weigh heavily upon you.  You did not intend to reside in Australia for any extensive period of time.  You came here on your version on a working holiday.  Furthermore, you will not be subjected to persecution or any other depravation upon your return to Taiwan.

17In the result of the sentence of the court is as follows. In relation to the charge of importing a tier one good contrary to s.233BAA(4) of the Customs Act1901 (Cth) you are convicted and sentenced to be imprisoned for two years. I direct that you be released on a recognisance release order after serving 12 months imprisonment. I fix the recognisance in the sum of $500.

18I declare that you have served 169 days by way of presentence detention. 

19But for your plea of guilty I would have sentenced you to a total effective term of imprisonment of three years and three months and fixed a non-parole period of two years.

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