District Court
New South Wales
Medium Neutral Citation: R v Lieu [2019] NSWDC 555 Hearing dates: 14 February 2019 Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: Imprisonment for 18 months
Wholly suspended: Crimes Act 1919 s 20(1)(b)Catchwords: CRIME, SENTENCE, COMMONWEALTH OFFENCE
Importation of pseudoephedrine. 75 year old grandmother. Physical illnesses. Psychiatric illnesses stemming from childhood war experiences. Hardship of custody.
Delay of 4 years between detection of offence and charging. Delay unexplained. Delay causing hardship.Legislation Cited: Crimes Act 1914 (Cth)
Customs Act 1901Cases Cited: Bailey v DPP (1988) 62A LJR 319
Duncan v R (1983) 47 ALR 746
Pfeiffer v R [2009] NSWCCA 145
Giourtalis v R [2013] NSW CCA 216
Mill v R (1988) 166 CLR 59
R v Achurch (2011) 216 A Crim R 152
R v Badanjak [2004] NSWCCA 395
R v Blanco [1999] NSWCCA 121
R v Donald [2013] NSW CCA 238
R v Gay [2002] NSW CCA 6
R v Harrison (1999) 48 A Crim R 197
R v King (NSWCCA, 24 February 1998, unreported)
R v Liang and Li (1995) 124 FLR 350
R v Schwabegger [1998] 4 VR 649
R v Smith (1987) 44 SASR 587
R v Sopher (1993) 70 A Crim R 570
R v Todd [1982] 2 NSWLR 517
R v Tran (NSWDC, 1 June 2018, unreported)
Sabra v R [2015] NSW CCA 38
Scook v R [2008] 185 A Crim R 164
Xiao v R [2018] NSWCCA 4Category: Sentence Parties: Thi Mui Lieu (Offender)
Regina (The Crown)Representation: Solicitors:
Mr Brummet - OCDPP (Crown)
Ms K. Bagot - NSW Legal Aid (Offender)
File Number(s): 2018/00127331 Publication restriction: Nil.
Judgement
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HIS HONOUR: Thi Mui Lieu stand for sentence as a consequence of having pleaded guilty to a charge that on 3 July 2014 at Mascot in this State, she did intentionally import goods, being Tier 1 goods, comprising pseudoephedrine, being reckless as to the fact that the goods were Tier 1 goods, being goods the importation of which was prohibited under the Customs Act 1901 without the approval of a particular person having been obtained and at the time of that importation that had not been obtained. That is an offence contrary to s 233BAA(4) of the Customs Act1901. The maximum penalty for the offence is imprisonment for five years and/or a fine of $170,000.
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On 3 July 2014 the offender arrived at Sydney International Airport on a Vietnam Airlines flight from Ho Chi Minh City. She was travelling on her Australian passport. The offender had as her baggage two suitcases which were selected by the Australian Border Force for examination. She was asked to complete a Vietnamese language incoming passenger card. On that she declared that her luggage did contain more than the allowable limit for alcohol, cigarettes or tobacco, that her luggage did not contain any food but in connection with a question as to whether she was bringing into Australia any…
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- AGLC
- R v Lieu [2019] NSWDC 555
- Case
- [2019] NSWDC 555
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the delay in charging the appellant constituted an abuse of process that warranted dismissal of the charge, or whether it should be considered as a mitigating factor in determining an appropriate sentence. The court was also required to consider whether imprisonment would be an appropriate sentence for the appellant, given her age and health conditions.
The court found that while the delay in charging was indeed unjustifiable, it did not amount to an abuse of process warranting dismissal of the charge. Instead, the court held that the delay should be considered as a mitigating factor in determining an appropriate sentence. The court noted that the appellant's advanced age, physical illnesses, and psychiatric conditions stemming from her experiences during the Vietnam War all contributed to the hardship of custody. Given these factors, the court determined that imprisonment would not be an appropriate sentence for the appellant, and instead imposed a wholly suspended sentence of 18 months imprisonment under section 20(1)(b) of the Crimes Act 1919. This decision recognised the appellant's significant personal circumstances and the unjustifiable delay in bringing the charge to court.
Orders
Orders of the court
Imprisonment for 18 months
Wholly suspended: Crimes Act 1919 s 20(1)(b)
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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