R v Xue

[2018] NSWDC 371

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Xue [2018] NSWDC 371
Hearing dates:	27 July 2018
Date of orders:	27 July 2018
Decision date:	27 July 2018
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	At [18]
Catchwords:	SENTENCING — Multiple offences –Commonwealth offences – import a border controlled precursor – greater than the commercial quantity – ephedrine – limited managerial role – guilty plea – remorse
Legislation Cited:	Criminal Code (Cth) Crimes Act 1914 (Cth)
Cases Cited:	R v Lamella [2014] NSWCCA 122 Phan v R [2013] NSWCCA
Texts Cited:	None
Category:	Sentence
Parties:	Regina (Crown CDPP)   Yunhui Xue (Offender)
Representation:	Mr K Kanagasabapathy (CDPP)   Mr W Brewer (Counsel for the offender)
File Number(s):	2017/63564

Judgment

1. The offender, Yunhui Xue, was born in China on in 1991. He came to Australia at the age of 17 on a student visa. His status was changed to a bridging visa and then he sought refugee status but that application was rejected in 2015. He had been living in Australia illegally since that time. He met this partner in 2010 and they have two young children aged five and two who are present in Court today. He has not seen his wife and children since he was taken into custody on 28 February 2017. I accept, as Mr Brewer puts it, in light of the history obtained in a psychologist’s report which was adopted by the offender that his partner’s circumstances are such that she cannot even afford to travel to the gaol to see him.

2. He stands for sentence having pleaded guilty to one count under s 307.11 of the Criminal Code (Cth), of jointly committing an offence with Mr Huang of importing a border controlled precursor namely ephedrine in excess of a commercial quantity, which carries a maximum penalty of 25 years imprisonment or a fine of $900,000 or both. He has no prior criminal history and is therefore to receive the benefit of his prior good character.

3. Mr Brewer of counsel, who appears for the offender, concedes that a term of full-time custody is mandated by the objective and subjective circumstances of the case and it is unnecessary to consider any alternatives. The sentencing process has been facilitated by helpful written submissions from the Crown which were the subject of very limited challenge by Mr Brewer and also by the fact that, as I have indicated, the offender gave evidence adopting the history set out in the documents that are part of exhibit 1 and was not subject to any serious challenge on that history.

4. The agreed facts demonstrate that, in short, there were two consignments containing a total of 4.77 and 6.55 grams of pure ephedrine brought into Australia in December 2016. Australian Border Force officers opened the first consignment at a DHL bond store, deconstructed the consignment, analysed it and measured it, and did the same for the second consignment which was intercepted three days later on 19 December 2016. The…