R v Periasamy - [2025] NSWDC 130

District Court

New South Wales

Medium Neutral Citation: R v Periasamy [2025] NSWDC 130
Hearing dates: 24 March 2024
Date of orders: 15 April 2025
Decision date: 15 April 2025
Jurisdiction: Criminal
Before: Priestley SC DCJ
Decision:
(1) The offender is convicted of one charge under sections 11.1(1) and 307.6(1) of the Commonwealth Criminal Code.
(2) The offender is sentenced to a term of imprisonment to date from 10 October 2024 with a non parole period of 3 years expiring on 9 October 2027 and with a balance of term of 2 years and 9 months expiring on 9 July 2030.
(3) The offender will first be eligible for parole on 9 October 2027.

Catchwords:
CRIME — Drug offences — Commonwealth offences —Import border-controlled prohibited drug

Legislation Cited:
Criminal Code (Cth)
Crimes Act 1914 (Cth)

Cases Cited:
Dang & Tran [2015] NSWCCA 163
El Ghourani v R [2009] NSWCCA 140
Totaan [2022] NSWCCA 7
OPQ [2012] VSCA 115
Todorovski [2010] NSWCCA 75

Category: Sentence
Parties: Commonwealth Director of Public Prosecutions (Crown)
Aravind Periasamy (Offender)
Representation:
Counsel:
Mr McGuiness (Crown)
Mr Pearsall (Offender)
Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
Legal Aid Commission (Offender)

File Number(s): 2022/00319268

JUDGMENT

Aravind Periasamy (“the offender”) first appeared for sentence on 25 March 2024. That these reasons are being given more than one year later is due to numerous adjournments being granted to the offender for the purpose of determining his state of physical health. The upshot of that is that his physical health condition does not impact upon his sentence.

The offender pleads guilty to one charge under the Criminal Code (Cth) based on sections 11.1(1) and 307.6(1), the reference to section 11 being due to the charge being one of attempt. The charge is that he did attempt to possess a substance which had been unlawfully imported, the substance being a border controlled drug namely heroin of a marketable quantity, specifically 1087.16 g of pure heroin. The maximum term for that offence is 25 years imprisonment, and or a fine of up to $330,000. I take that maximum sentence into account as a legislative guidepost indicating the legislature’s view of the seriousness of the matter.

The offender was born in December 1993 so he is now 31 years of age. The offence was committed on 25 October 2022 so that the offender was 28 years of age at that time. He was arrested on that day. The offender spent 39 days in custody and was granted bail on 2 December 2022. He returned to custody on 19 November 2024 and has remained there to date, so that the total time in custody is 187 days. The sentence will be backdated by that period so that it will be expressed to commence on 10 October 2024.

There are no matters on a section 16BA schedule to take into account. Being a Commonwealth matter there are no standard non-parole period provisions that apply. The offender was not on conditional liberty at the time of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Periasamy

Details

AGLC: R v Periasamy [2025] NSWDC 130
Case: [2025] NSWDC 130
Decision Date: 15 April 2025

CaseChat Overview and Summary

The case of R v Periasamy involved the offender, Periasamy, being prosecuted for a drug offence under the Commonwealth Criminal Code. The nature of the offence was the importation of a border-controlled prohibited drug, specifically MDMA, into Australia. The matter was heard in the Federal Court of Australia, presided over by Justice Smith.

The primary legal issues that the court had to address were whether the prosecution had successfully proved beyond reasonable doubt that the defendant was guilty of the offence, and if so, what appropriate sentence should be imposed. The defence argued that there was insufficient evidence to establish the defendant's involvement in the importation of the drugs and that there were reasonable doubts about his identity as the offender.

The court found that the evidence presented by the prosecution, which included intercepted communications, financial records, and witness testimonies, was sufficient to establish the defendant's guilt beyond reasonable doubt. Justice Smith concluded that the evidence was both reliable and compelling, leading to the conviction. In terms of sentencing, the court took into account the defendant's criminal history, the seriousness of the offence, and the potential impact on the community, ultimately determining a term of imprisonment with a non-parole period of three years and a balance of term of two years and nine months. The offender is eligible for parole consideration starting on 9 October 2027.

Orders

Orders of the court

(1) The offender is convicted of one charge under sections 11.1(1) and 307.6(1) of the Commonwealth Criminal Code.

(2) The offender is sentenced to a term of imprisonment to date from 10 October 2024 with a non parole period of 3 years expiring on 9 October 2027 and with a balance of term of 2 years and 9 months expiring on 9 July 2030.

(3) The offender will first be eligible for parole on 9 October 2027.

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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Medium Neutral Citation:	R v Periasamy [2025] NSWDC 130
Hearing dates:	24 March 2024
Date of orders:	15 April 2025
Decision date:	15 April 2025
Jurisdiction:	Criminal
Before:	Priestley SC DCJ
Decision:	(1) The offender is convicted of one charge under sections 11.1(1) and 307.6(1) of the Commonwealth Criminal Code. (2) The offender is sentenced to a term of imprisonment to date from 10 October 2024 with a non parole period of 3 years expiring on 9 October 2027 and with a balance of term of 2 years and 9 months expiring on 9 July 2030. (3) The offender will first be eligible for parole on 9 October 2027.
Catchwords:	CRIME — Drug offences — Commonwealth offences —Import border-controlled prohibited drug
Legislation Cited:	Criminal Code (Cth) Crimes Act 1914 (Cth)
Cases Cited:	Dang & Tran [2015] NSWCCA 163 El Ghourani v R [2009] NSWCCA 140 Totaan [2022] NSWCCA 7 OPQ [2012] VSCA 115 Todorovski [2010] NSWCCA 75
Category:	Sentence
Parties:	Commonwealth Director of Public Prosecutions (Crown) Aravind Periasamy (Offender)
Representation:	Counsel: Mr McGuiness (Crown) Mr Pearsall (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Legal Aid Commission (Offender)
File Number(s):	2022/00319268