R v Ricky Gaganjot Singh

District Court

New South Wales

Medium Neutral Citation:

R v Ricky Gaganjot SINGH [2014] NSWDC 135

Hearing dates:

27 March 2014, 9 May 2014

Decision date:

23 May 2014

Before:

Letherbarrow SC DCJ

Decision:

1.The offender is convicted and sentenced to imprisonment for a period of nine years and six months commencing on 25 April 2013 and expiring on 24 October 2022.

2.Pursuant to section 19AB of the Act, I set a non-parole period of 5 years and 8 months commencing on 25 April 2013 and expiring on 24 December 2018.

Catchwords:

CRIMINAL LAW - Sentence - importation - commercial quantity - methylamphetamine - recklessness -assistance to authorities

Legislation Cited:

Criminal Code 1995 (Cth), s307.1(1)
Crimes Act 1914 (Commonwealth), ss16A, 19AB

Cases Cited:

R v Nguyen; R v Pham [2010] NSWCCA 238
R v Leroy (1984) 2 NSWLR 441
R v Kaldor (2004) 150 A Crim R 271
Olbrich v The Queen (1999) 199 CLR 270
Tyler v R (2007) 173 A Crim R 458
R v Turkmani (2002) 133 A Crim R 328
Sukkar v R [2005] NSWCCA 55
R v Nguyen; R v Pham; R v Vu; R v To [2005] NSWCCA 362
R v Wong and Leung [1999] NSWCCA 420
R v Perrier (No. 2) (1990) 59 A Crim R 164
R v Huang (2000) 113 A Crim R 386
R v Hendricks (2001) 125 A Crim R 303.
Markarian v R [2005] HCA 25
Hili v R [2010] HCA 45
Power v R [1974] HCA 26

Category:

Sentence

Parties:

Commonwealth Director of Public Prosecution (Crown)
Ricky Gaganjot Singh (Accused)

Representation:

McGuire (Crown)
McRudden (Accused)

File Number(s):

2013/128133

Judgment

1. HIS HONOUR: On 14 February last after a jury trial lasting some 15 days, the offender was found guilty of the single charge contained in the indictment presented against her, being that contrary to s 307.1(1) of the Criminal Code 1995 (Cth), on 25 April 2013 at Sydney, she did import a commercial quantity of a border controlled drug, namely methylamphetamine.

1. The maximum penalty for this offence is life imprisonment and or 7,500 penalty units.

1. The commercial quantity of methylamphetamine relevant to this offence is an amount of 750 grams or higher. In the present matter, there is no issue that the amount of pure methylamphetamine imported was 4.767 kilograms. The bulk amount was 6.9368 kilograms which analysis revealed contained 80.3% pure methylamphetamine.The bulk amount was found inside four chocolate boxes in the offender's luggage which she had brought with her on a flight from Toronto, Canada, via Vancouver.

1. At the sentence hearing conducted on 9 May last, there was a dispute as to the facts. The primary area of contention was as to the level of involvement of the offender in the commission of the subject offence.

1. In short, the Crown argued that I would be satisfied beyond reasonable doubt that the offender was actually aware that the chocolate boxes found in her luggage which contained the methylamphetamine were filled with some form of illicit substance which…