R v Mia Vivien Chong

NEW SOUTH WALES DISTRICT COURT

CITATION:
R v Mia Vivien CHONG [2009] NSWDC 377

FILE NUMBER(S):
2009/11733

HEARING DATE(S):
20/11/09

JUDGMENT DATE:
17 December 2009

PARTIES:
Regina
Mia Vivien CHONG (Offender)

JUDGMENT OF:
Williams DCJ      

COUNSEL:

SOLICITORS:
Ms Choi (Crown)
Mr Abbott (Offender)

CATCHWORDS:
SENTENCE-import marketable quantity of prohibited drug-151g cocaine-young US citizen-prior drug and criminal history-difficult background.

LEGISLATION CITED:
Criminal Code Act 1995

CASES CITED:

TEXTS CITED:

DECISION:
She is convicted and sentenced to six years imprisonment with a non-parole period of three and a half years to date from 10 May 2009.  She is eligible for parole on 9 November 2012.

JUDGMENT:

1. HIS HONOUR:  Ms Chong is a twenty-six year old resident of the United States who lives with her parents in California.  She has pleaded guilty to an offence of importing a marketable quantity of a border controlled drug, namely cocaine, contrary to s 307.2(1) of the Commonwealth Criminal Code.  The maximum penalty is twenty-five years imprisonment and/or a fine.

1. On 10 May 2009 she arrived in Australia by air.  Her responses to the purpose for her visit created suspicion at the Customs barrier and she was detained and questioned.  Eventually three concealed packets of cocaine were located, two sown in her bra and one in her underwear.  The bulk amount was 420.5 grams, but the pure weight of cocaine was 151.1 grams. 

1. There is an agreed statement of facts.  Located in her handbag shortly after detention at the Customs barrier, was a small glass vial with a residue of what she admitted was crystal methamphetamine.  She asked to go to the toilet on several occasions but then declined when she was informed that it was a controlled toilet and she would be observed.  At one stage she said “What if I gave you a little bit, could we just forget about the rest of the stuff?”  After returning from the toilet on one occasion she produced the package concealed in her underwear, indicating that that was all she had.  After advice from a Justice of the Peace that he would authorise a full body search, she consented to being searched and the remaining packets were found.  She was arrested and has been in custody ever since.

1. Ms Chong has a criminal record in the United States, mainly relating to possession of controlled substances, but also some dishonesty offences and some minor assault matters.  She spent some periods in prison, the longest being about one month. 

1. Ms Chong gave evidence.  I also had a pre-sentence report, a report from Dr Canaris, a psychiatrist, and a number of letters and other documents.  It appears that she is the only child of Korean parents who have lived in the United States for the last thirty years.  Although she achieved quite well at school enabling her to go to college, she mixed with the wrong group of people and began using drugs at an early age, experimenting with ecstasy, cannabis and, briefly, heroin before adopting her drug of choice…