R v Lee

[2013] NSWDC 232

District Court

New South Wales

Medium Neutral Citation:	R v Lee [2013] NSWDC 232
Hearing dates:	27 September 2013
Decision date:	27 December 2013
Before:	Berman SC DCJ
Decision:	Sentenced to imprisonment consisting of a non-parole period of 2½ years and a head sentence of 5 years
Catchwords:	CRIMINAL LAW - Sentence - Importation of drugs - Accepting delivery - Part of a scheme to obtain possession a large quantity of drugs
Category:	Sentence
Parties:	The Crown Yonguk Lee
Representation:	Ms J Levick - Offender Director of Public Prosecutions - Crown
File Number(s):	2013/46958

Judgment

1. HIS HONOUR: What led to the offender Yonguk Lee committing a most serious offence, indeed an offence so serious it carries a maximum penalty of life imprisonment, were a number of factors which were highly interrelated. At the time of this offence he was using excessive amount of cannabis, he was depressed, short of money and had a poor relationship with his mother. It was in those circumstances that be took the opportunity that was presented to him to make $1,000 by accepting delivery of a package which he suspected, to the point of belief, contained drugs.

1. The matter came to the attention of the authorities earlier this year. On 9 February 2013 Customs intercepted a package which had been posted from China. It was to be delivered to the offender using a false name. Customs examined the package and discovered inside almost a kilogram of a crystalline substance which when further analysed proved to contain methylamphetamine. After analysing the purity of the substance it was possible to calculate the quantity of pure methamphetamine in the package as being 792.3 grams. To put that into context the commercial quantity of that drug is 750 grams. So Mr Lee is just in that category of offending which leads to a maximum penalty of life imprisonment.

1. Customs removed the drugs and substituted an inert substance. Police then began to intercept the offender's telephone. Over the next few days they overheard a number of conversations between the offender and others in which it was clear that the offender's role in this enterprise was to receive the package. Eventually an AFP officer purporting to be a TNT courier rang the offender and arranged for the package to be delivered to him. On 14 February that package was delivered to the offender pursuant to an arrangement that had been made between the offender and the AFP officer who was pretending of course to be a courier. The offender accepted delivery of the package. He was arrested soon afterwards.

1. In an interview the offender had with police that day he told them that he got involved in this enterprise for a friend. "Harry Pi" offered him an easy job to collect the package in exchange for payment of $1,000. Although the offender clearly accepted the high probability that the package contained drugs, he decided to go ahead and accept the offer because of the financial reward.

1. In sentencing the offender it…