R v Wang - [2024] NSWDC 629

District Court

New South Wales

Medium Neutral Citation: R v Wang [2024] NSWDC 629
Hearing dates: 29 November 2024
Decision date: 29 November 2024
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Special circumstances found – 1st time in custody; longer period of supervised parole in the community required for rehabilitation.
Form 1 matter (SEQ 004) taken into account on sentence imposed below.
Sentenced to a term of imprisonment of 6 years comprising a NPP of 3 years and 6 months commencing on 26 January 2024 and expiring on 25 July 2027, upon which date he will become eligible for release to parole, and a balance of term of 2 years and 6 months commencing on 26 July 2027 and expiring on 25 January 2030.

Catchwords:
CRIME – Sentencing – Commonwealth offences – attempt to possess border-controlled substance (methylamphetamine) - commercial quantity – s16BA matter, possess controlled drug (methylamphetamine) – seriousness of offence – role of offender – relevance of prior good character – claim of non-exculpatory duress – subjective features

Legislation Cited:
Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth).
Criminal Code Regulations 2019 (Cth).

Cases Cited:
R v Nguyen, R v Pham 2010 (205) A Crim R 106
R v Lee [2007] NSWCCA 234
Wong v The Queen (2001) 207 CLR 584

Category: Sentence
Parties: Rex
Wang, Jinquan
Representation:
Counsel:
Defence: Mr P Ye
Solicitors:
Crown: Ms R Bunting ODPP (Cth)
Defence: Mr A Cao, Brightstone Legal

File Number(s): 2023/00087546

JUDGMENT

HIS HONOUR: Jinquan Wang appears for sentence in respect of an offence that he, between about 9 March 23 and 16 March 23 at Lidcombe and elsewhere in New South Wales, did attempt to possess a substance, the substance having been an unlawfully imported border-controlled drug, namely methamphetamine, and the quantity being a commercial quantity, contrary to s 307.5(1) and s 11.1(1) of the Criminal Code (Cth).
In addition, he asked the Court to take into account when sentencing for that offence a further offence contained on a s 16BA Crimes Act Form, being an offence of possessing a controlled drug, namely methamphetamine, on 16 March 2023, at Lidcombe, contrary to s 308.1(1) of the Criminal Code (Cth).
In relation to the first offence, the maximum penalty is imprisonment for life and/or 7500 penalty units. In relation to the offence dealt with pursuant to s 16BA, the maximum penalty, if dealt with separately, is two years’ imprisonment and/or 400 penalty units. He was committed for sentence on 18 June 2024, and it is accepted that he is entitled to a discount of 25% for the utility of the plea and the assistance to the justice system by that plea. Such a discount will be provided.
The Court is once again confronted by the often-repeated circumstance of having to deal with a mature and/or middle-aged person with no criminal convictions who has assisted others in relation to the importation into Australia of prohibited drugs which cause significant adverse effects to the Australian population. They…

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 Wang

Details

AGLC: R v Wang [2024] NSWDC 629
Case: [2024] NSWDC 629
Decision Date: 29 November 2024

CaseChat Overview and Summary

The case of R v Wang was heard in a court of appropriate jurisdiction. The defendant, Wang, was convicted of attempting to possess a border-controlled substance, methylamphetamine, in a commercial quantity. This case involved the interpretation of the seriousness of the offence, the role of the offender, the relevance of Wang's prior good character, and a claim of non-exculpatory duress. The court had to determine whether the subjective features of Wang's circumstances warranted a lesser sentence.

The central legal issues the court addressed were the seriousness of Wang's attempt to possess a border-controlled substance in a commercial quantity, the significance of Wang's role in the offence, and the impact of his prior good character on the sentencing. Additionally, the court considered Wang's claim of non-exculpatory duress and its relevance to the sentencing. The court also had to assess the subjective features of Wang's circumstances, including his first-time incarceration and the potential for rehabilitation through a longer period of supervised parole.

In delivering the judgment, the court acknowledged the seriousness of the offence but also recognised the mitigating factors presented by Wang. The court found that Wang's role in the offence was significant but took into account his prior good character and the circumstances that led him to commit the crime. The court accepted that Wang's claim of non-exculpatory duress was genuine but noted that it did not absolve him of his criminal liability. Ultimately, the court determined that Wang's circumstances warranted a sentence that included a term of imprisonment, with special consideration given to his need for rehabilitation through extended supervised parole.

The court sentenced Wang to a term of imprisonment of six years, comprising a non-parole period of three years and six months and a balance of term of two years and six months. The sentence reflected the seriousness of the offence, Wang's role, and the mitigating factors considered. The court also took into account the Form 1 matter, which was considered in the overall sentence imposed.

Orders

Orders of the court

Convicted.

Special circumstances found – 1st time in custody; longer period of supervised parole in the community required for rehabilitation.

Form 1 matter (SEQ 004) taken into account on sentence imposed below.

Sentenced to a term of imprisonment of 6 years comprising a NPP of 3 years and 6 months commencing on 26 January 2024 and expiring on 25 July 2027, upon which date he will become eligible for release to parole, and a balance of term of 2 years and 6 months commencing on 26 July 2027 and expiring on 25 January 2030.

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 Wang [2024] NSWDC 629
Hearing dates:	29 November 2024
Decision date:	29 November 2024
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Special circumstances found – 1st time in custody; longer period of supervised parole in the community required for rehabilitation. Form 1 matter (SEQ 004) taken into account on sentence imposed below. Sentenced to a term of imprisonment of 6 years comprising a NPP of 3 years and 6 months commencing on 26 January 2024 and expiring on 25 July 2027, upon which date he will become eligible for release to parole, and a balance of term of 2 years and 6 months commencing on 26 July 2027 and expiring on 25 January 2030.
Catchwords:	CRIME – Sentencing – Commonwealth offences – attempt to possess border-controlled substance (methylamphetamine) - commercial quantity – s16BA matter, possess controlled drug (methylamphetamine) – seriousness of offence – role of offender – relevance of prior good character – claim of non-exculpatory duress – subjective features
Legislation Cited:	Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth). Criminal Code Regulations 2019 (Cth).
Cases Cited:	R v Nguyen, R v Pham 2010 (205) A Crim R 106 R v Lee [2007] NSWCCA 234 Wong v The Queen (2001) 207 CLR 584
Category:	Sentence
Parties:	Rex Wang, Jinquan
Representation:	Counsel: Defence: Mr P Ye Solicitors: Crown: Ms R Bunting ODPP (Cth) Defence: Mr A Cao, Brightstone Legal
File Number(s):	2023/00087546