District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Choi [2025] NSWDC 22 Hearing dates: 17 October 2024; 3 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 I impose a term of imprisonment of 5 years to date from 11 March 2023 and expiring on 10 March 2028.
2 I fix a non-parole period of 2 years and 9 months which will expire on 10 December 2025.
Catchwords: CRIME — Drug offences — Commonwealth offences — Import/Export border-controlled prohibited plant or drug
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)
Cases Cited: Bugmy v The Queen (1990) 169 CLR 525
Deakin v The Queen (1984) ALJR 367
Hili v The Queen (2010) 242 CLR 520
Johnson v The Queen (2004) 78 ALJR 616
Power v The Queen (1974) 131 CLR 623
R v El Karhani (1990) 21 NSWLR 370
R v Nguyen (2010) 205 A Crim R 106
Category: Sentence Parties: Rex (Crown)
Jae Choi (Offender)Representation: Counsel:
Solicitors:
A Payten (Crown)
J Park (Offender)
Commonwealth Director of Public Prosecutions (Crown)
Prolink Partners (Offender)
File Number(s): 2023/81062 Publication restriction: None
JUDGMENT
Introduction
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Jae Young Choi (the offender) appears for sentence after pleading guilty in the District Court for the offence of importing a commercial quantity of a border controlled drug, being 2,358.1 grams of cocaine contrary to s 307.1(1) Criminal Code (Cth).
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The maximum penalty for the offence is life imprisonment and/or a fine 7,500 penalty units.
Approach to Sentencing
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To the extent I make findings of fact adverse to the offender, I am satisfied of that act beyond reasonable doubt. To the extent that I make findings of fact favourable to the offender, I am satisfied of that fact on the balance of probabilities: R v Olbrich (1999) 199 CLR 270 at [27] (Gleeson CJ, Gaudron, Hayne and Callinan JJ).
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I must have regard to Part IB Crimes Act 1914 (Cth) (the Act) in passing sentence and in particular the matters provided for in s 16A of that Act.
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A court determining a sentence in respect of any person for a federal offence must impose a sentence that is of a severity appropriate in all the circumstances: s 16A(1) of the Act. The Court must take into account the matters listed in s 16A(2) that are relevant and known to the Court: R v El Karhani (1990) 21 NSWLR 370. The list of factors in s 16A(2) of the Act is not exhaustive and common law principles apply: Johnson v The Queen (2004) 78 ALJR 616 at [15].
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For a federal offence the non-parole period is the minimum period that justice requires the offender to serve in custody, fixed by reference to s 16A(1), the relevant matters in s 16A(2) and by application of the principles set out by the High Court in Power v The Queen (1974)…
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- AGLC
- R v Choi [2025] NSWDC 22
- Case
- [2025] NSWDC 22
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to address included the interpretation of the relevant provisions of the Customs Act 1901 and the Criminal Code Act 1995, particularly in relation to the importation of prohibited drugs. The court also needed to consider the appropriate sentence to impose on Mr Choi, taking into account the severity of the offence and the circumstances surrounding it. The defence contested the applicability of the statutory provisions to Mr Choi's actions and sought a lenient sentence, while the prosecution argued for a stringent interpretation of the law and a significant custodial term.
In delivering its judgment, the court carefully considered the statutory language and relevant case law to conclude that Mr Choi's actions fell squarely within the scope of the prohibition on the importation of border-controlled prohibited drugs. The court also found that the nature and circumstances of the offence warranted a substantial custodial sentence. After weighing the aggravating and mitigating factors, the court imposed a term of imprisonment of five years, with a non-parole period of two years and nine months. The court determined that the sentence should commence on 11 March 2023 and expire on 10 March 2028, with the non-parole period ending on 10 December 2025.
Orders
Orders of the court
1 I impose a term of imprisonment of 5 years to date from 11 March 2023 and expiring on 10 March 2028.
2 I fix a non-parole period of 2 years and 9 months which will expire on 10 December 2025.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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