R v Udeh - [2017] NSWDC 401

District Court

New South Wales

Medium Neutral Citation: R v Udeh [2017] NSWDC 401
Hearing dates: 22 September, 4 October 2017
Date of orders: 04 October 2017
Decision date: 04 October 2017
Jurisdiction: Criminal
Before: Neilson DCJ
Decision:
I sentence you to imprisonment for a period of two years and four months. I order that you be released forthwith upon your entering into a recognisance (1) to be of good behaviour for a period of three years and four months and (2) give security for $500.

Catchwords: CRIME – SENTENCE – Commonwealth offence – Aiding and abetting an attempt to possess unlawfully imported border controlled drugs (methamphetamine and cocaine) – Marketable quantity – Principal previously sentenced to 13 years and 6 months imprisonment with a non-parole period of 9 years – Another member of the syndicate previously sentenced to 7 years and 6 months with a non-parole period of 5 years – Very minor role of present offender – making telephone calls to Australia Post – Offender was girlfriend of principal for a short while – Compelling personal circumstances of offender
Legislation Cited: Crimes Act 1914
Criminal Code Act 1995
Cases Cited: EF v Regina [2015] NSWCCA 36
Le Cerf (1975) 13 SASR 237
R v Budiman (1998) 102 A Crim R 411
Robertson v Regina [2017] NSWCCA 5
Category: Sentence
Parties: Regina (Crown)
Maryann Adaobi Udeh (Offender)
Representation:
Counsel:
Mr D Jordan (Crown)
Mr D Marr (Offender)
Solicitors:
Solicitors for the Commonwealth Director of Public Prosecutions (Crown)
AC Law Group (Offender)

File Number(s): 2015/250407
Publication restriction: Nil

Judgment

HIS HONOUR: Maryann Adaobi Udeh stands for sentence as a consequence of having pleaded guilty to a charge contained in an indictment that was presented on 1 March 2017. The offender pleaded guilty to a charge that between about 3 April 2015 and about 5 May 2015 at Sydney in this State she did aid and abet another person in the attempted possession of an unlawfully imported substance, the substance being a border control drug, namely methamphetamine and cocaine, the quantity imported being a marketable quantity. The substantive offence is an offence contrary to s 307.6(1) of the Criminal Code of the Commonwealth of Australia. The offence of being guilty of an attempt and the offence of aiding and abetting are provided for in ss 11.1 and 11.2 of the same Code. The maximum penalty for this offence is twenty-five years imprisonment.

Background

The offender is a co-offender with at least two other persons. The other two of whom I know are Emeke Okosi and Foster Okolie. The background to the offending now in question is this. In late 2014 the Australian Federal Police commenced an investigation into the suspected importation of border-controlled drugs into Australia via the postal service. On 6 May 2015 the Australian Federal Police arrested Foster Okolie and Emeke Okosi and charged them with a number of Federal offences. On 26 August 2015 the Australian Federal Police arrested this offender and charged her with a number of…

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 Udeh

Details

AGLC: R v Udeh [2017] NSWDC 401
Case: [2017] NSWDC 401
Decision Date: 04 October 2017

CaseChat Overview and Summary

The case of R v Udeh was heard in the County Court of Victoria where the respondent, Udeh, was charged with aiding and abetting the attempted unlawful possession of border controlled drugs. These drugs, methamphetamine and cocaine, were unlawfully imported. The dispute centred on the appropriate sentence for Udeh, who played a minor role in the syndicate, primarily making telephone calls to Australia Post. Udeh had a brief relationship with the principal offender who was previously sentenced to 13 years and 6 months imprisonment with a non-parole period of 9 years. Another member of the syndicate had been sentenced to 7 years and 6 months imprisonment with a non-parole period of 5 years. Udeh's role was deemed very minor, and she had compelling personal circumstances.

The primary legal issue was determining the appropriate penalty for Udeh, considering her very minor involvement and personal circumstances. The court had to balance the gravity of the offence with the offender's role and the need for deterrence and rehabilitation. The court considered the sentences of other offenders in the syndicate and the need to differentiate between the roles of the participants. The court also examined the compelling personal circumstances of Udeh which could be a mitigating factor in sentencing.

In sentencing Udeh, the court recognised her minor role in the syndicate and her compelling personal circumstances. The court found that while the offence was serious, Udeh’s involvement was significantly less than that of the principal offender and another member of the syndicate. The court decided that a custodial sentence was necessary but also recognised the need for a sentence that reflected Udeh's minor role. Consequently, the court sentenced Udeh to imprisonment for two years and four months, with an immediate release on the condition of entering into a recognisance to be of good behaviour for three years and four months and providing security for $500.

Orders

Orders of the court

I sentence you to imprisonment for a period of two years and four months. I order that you be released forthwith upon your entering into a recognisance (1) to be of good behaviour for a period of three years and four months and (2) give security for $500.

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 Udeh [2017] NSWDC 401
Hearing dates:	22 September, 4 October 2017
Date of orders:	04 October 2017
Decision date:	04 October 2017
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	I sentence you to imprisonment for a period of two years and four months. I order that you be released forthwith upon your entering into a recognisance (1) to be of good behaviour for a period of three years and four months and (2) give security for $500.
Catchwords:	CRIME – SENTENCE – Commonwealth offence – Aiding and abetting an attempt to possess unlawfully imported border controlled drugs (methamphetamine and cocaine) – Marketable quantity – Principal previously sentenced to 13 years and 6 months imprisonment with a non-parole period of 9 years – Another member of the syndicate previously sentenced to 7 years and 6 months with a non-parole period of 5 years – Very minor role of present offender – making telephone calls to Australia Post – Offender was girlfriend of principal for a short while – Compelling personal circumstances of offender
Legislation Cited:	Crimes Act 1914 Criminal Code Act 1995
Cases Cited:	EF v Regina [2015] NSWCCA 36 Le Cerf (1975) 13 SASR 237 R v Budiman (1998) 102 A Crim R 411 Robertson v Regina [2017] NSWCCA 5
Category:	Sentence
Parties:	Regina (Crown) Maryann Adaobi Udeh (Offender)
Representation:	Counsel: Mr D Jordan (Crown) Mr D Marr (Offender) Solicitors: Solicitors for the Commonwealth Director of Public Prosecutions (Crown) AC Law Group (Offender)
File Number(s):	2015/250407
Publication restriction:	Nil