District Court
New South Wales
Medium Neutral Citation: R v To [2018] NSWDC 527 Hearing dates: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Sentenced to 2 years and 3 months imprisonment. Direct that the prisoner be released at the expiration of 1 year of her sentence upon her entering a recognizance pursuant to 21(1)(b) Crimes Act (Cth) 1914 herself in the sum of $500 to be of good behaviour for a period of 1 year and 3 months and to appear to receive sentence if called upon to do so at any time in respect of any breach within the said period.
Catchwords: CRIME - Sentence – import pseudoephedrine – reckless to whether Tier 1 goods – gambling addiction – import from Vietnam - Australian citizen – former refugee – no prior convictions Legislation Cited: Commonwealth Crimes Act Pt 1B; s 16A(1)(2);
Crimes Act (Cth) 1914; 21(1)(b)
Customs Act 1901(Cth); s 233BAACases Cited: Anna Le v R [2006] NSWCCA 136
De La Rosa [2010] NSWCCA 194
Hili v R (2010) 242 CLR 520
Niketic [2002] NSWCCA 425
OIbrich v R (1999) 199 CLR 270
Qutami (2001) 127 A Crim R 369
R v Palu (2002) 134 A Crim R 174
Thomson and Houlton (2000) 49 NSWLR 383
Xiao v R [2018] NSWCCA 2Category: Sentence Parties: Regina (Crown)
Thi Thu To (Offender)Representation: Counsel:
E Ten Kate (Crown (Cth))
E Jawas (Offender)
File Number(s): 2016/00273716 Publication restriction: Nil
Judgment
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Thi Thu To appears today for sentence in relation to an offence to which she pleaded guilty in early February of this year when her trial was about to start.
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The offence to which she pleaded guilty alleged, that she, on 12 September 2016 at Sydney, in the State of New South Wales, did without the requisite approval being obtained, intentionally import goods being, Tier 1 goods comprising pseudoephedrine, being reckless to the fact that the goods were Tier 1 goods and being goods the importation of which, is prohibited under the Customs Act 1901(Cth). This is an offence contrary to s 233BAA(4) Customs Act (Cth) and I am informed, carries the maximum penalty of five years imprisonment.
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I should point out from the outset, that the prisoner is to some extent fortunate that she, ultimately in the circumstances of the facts revealed in this case, brought pseudoephedrine into the country. Because, on the basis to which she has pleaded guilty to this charge, and having regard to the limited facts available to us as to her contact with people in Vietnam, it was possible that she may have brought within the same containers that she brought into this country drugs such as methylamphetamine or heroin. In which case, with similar quantities, she would have been facing a much greater maximum penalty than is available in relation to Tier 1 goods.
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The paucity of information of the circumstances in which she was recruited to bring the drugs into the country is of…
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- AGLC
- R v To [2018] NSWDC 527
- Case
- [2018] NSWDC 527
- Decision Date
CaseChat Overview and Summary
The primary judge imposed a non-parole period of one year and nine months and ordered the appellant be released at the expiration of one year. The court had to decide whether the sentence was manifestly excessive, and if the primary judge erred in the application of the sentencing principles and in failing to properly consider mitigating factors. The court found that the sentence was not manifestly excessive. The primary judge had considered the appellant's personal circumstances, including her gambling addiction, and found that there was no prospect of rehabilitation short of imprisonment. The primary judge also considered the appellant's lack of prior convictions and her remorse.
The court found that the primary judge had not erred in the application of the sentencing principles. The court found that the primary judge had considered the appellant's personal circumstances and had given appropriate weight to the aggravating factors. The court found that the sentence was not manifestly excessive and that the primary judge had not erred in the application of the sentencing principles. The court dismissed the appeal against sentence. The court ordered that the appellant be released at the expiration of one year of her sentence upon her entering a recognizance herself in the sum of $500 to be of good behaviour for a period of one year and three months and to appear to receive sentence if called upon to do so at any time in respect of any breach within the said period.
Orders
Orders of the court
Sentenced to 2 years and 3 months imprisonment. Direct that the prisoner be released at the expiration of 1 year of her sentence upon her entering a recognizance pursuant to 21(1)(b) Crimes Act (Cth) 1914 herself in the sum of $500 to be of good behaviour for a period of 1 year and 3 months and to appear to receive sentence if called upon to do so at any time in respect of any breach within the said period.
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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