R v Rhys Cini - [2014] VSC 409

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL LAW DIVISION

No. 0027 of 2014

THE QUEEN
v
RHYS CINI	Accused

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JUDGE:	Croucher J
WHERE HELD:	Melbourne
DATE OF HEARING:	1 August 2014
DATE OF SENTENCE:	29 August 2014
CASE MAY BE CITED AS:	R v Rhys Cini
MEDIUM NEUTRAL CITATION:	[2014] VSC 409

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CRIMINAL LAW – Sentence – Attempting to possess a commercial quantity of an unlawfully imported border controlled drug – Substances containing 161.5 kilograms of methamphetamine concealed in tyres of tractor truck imported from China – Accused’s father used his own importing business to facilitate offence – Accused assisted father in moving vehicle from docks and in unloading and redistributing drugs – Accused aged 30 with no prior convictions – Early plea of guilty – Remorse – Excellent prospects of rehabilitation – Parity – Sentence of ten years’ gaol with non-parole period of six years – But for plea of guilty, sentence of 14 years’ gaol with a non-parole period of ten years.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr D. Gurvich	Solicitor for the Commonwealth Director of Public Prosecutions
For the Accused	Mr S. Tyrell	C. Marshall & Associates

HIS HONOUR:

Introduction

On 27 September 2013, police found 205 one-kilogram packages concealed inside the tyres of a tractor truck on a ship docked at the Port of Brisbane. Within the packages was a total of 161.5 kilograms of methamphetamine. The ship had come from China, and was headed next for Melbourne. Police removed the packages, substituted an inert substance and let the ship resume its voyage to Melbourne, where it arrived on 2 October.

The truck had been imported by Motek Engineering Pty Ltd (“Motek”), a company owned by Patrick Cini (“Mr Cini”). On 3 October, Mr Cini collected the truck from the docks and, with his son Rhys Cini (“Rhys”) following in a car, drove it to Motek’s factory in Brooklyn. The next day, Mr Cini and his son began removing the packages from the truck tyres. Some of the packages were damaged in the process of removal, and their contents were vacuumed up. Over the next few days, the remaining packages ended up in different locations – several in storage facilities in Hoppers Crossing, a few at each of Mr Cini and Rhys’s respective premises and many more remained at the factory.

On 9 October 2013, police arrested Mr Cini and Rhys and charged them with offences connected with the importation. They have remained in custody ever since.

On 12 March 2014, Mr Cini pleaded guilty in this Court to a charge which alleged that, on 27 September 2013, he imported a commercial quantity of a border controlled drug, namely methamphetamine, contrary to s 307.1(1) of the Criminal Code (Cth) (“the Code”).

The same day, Rhys Cini pleaded guilty to a charge which alleged that, on 4 October 2013, he attempted to possess a commercial quantity of an unlawfully imported border controlled drug, namely methamphetamine, contrary to ss 11.1…

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 Rhys Cini

Details

AGLC: R v Rhys Cini [2014] VSC 409
Case: [2014] VSC 409
Decision Date: 29 August 2014

CaseChat Overview and Summary

The case of R v Rhys Cini involved the accused, Rhys Cini, who was charged with attempting to possess a commercial quantity of an unlawfully imported border controlled drug. The drugs, consisting of 161.5 kilograms of methamphetamine, were concealed in the tyres of a tractor truck imported from China. Cini's father had used his importing business to facilitate this offence, with Cini assisting in moving the vehicle from the docks and in unloading and redistributing the drugs. The case was heard in the Supreme Court of Victoria.

The central legal issue before the court was to determine the appropriate sentence for Cini, taking into account various mitigating and aggravating factors. These included Cini's early plea of guilty, his lack of prior convictions, his remorse, and his prospects for rehabilitation. The court also needed to consider the gravity of the offence and the need for deterrence and denunciation.

In delivering the judgment, the court acknowledged Cini's assistance to his father and the extent of his involvement in the importation and redistribution of the drugs. However, it also recognised his early guilty plea, his lack of criminal history, his remorse, and his potential for rehabilitation. The court concluded that a sentence of ten years' imprisonment with a non-parole period of six years was appropriate, taking into account the substantial quantity of drugs involved and the serious nature of the offence. The court noted that had Cini not entered an early guilty plea, the sentence would have been significantly higher, amounting to 14 years' imprisonment with a non-parole period of ten years.

The final orders of the court were that Rhys Cini be sentenced to ten years' imprisonment with a non-parole period of six years. The court also ordered that Cini be credited for the time already served in custody.

Orders