R v Yan Huang

[2012] NSWDC 298

District Court

New South Wales

Medium Neutral Citation:	R v Yan Huang [2012] NSWDC 298
Hearing dates:	17 August 2012
Decision date:	07 September 2012
Before:	Letherbarrow SC DCJ
Decision:	Sentenced to a term of imprisonment of 12 months with a recognizance release order after 7 months
Catchwords:	CRIME - Sentencing - importation of pseudoephedrine - role of offender - whether a principal - recklessness - probable effect of sentence on offender's family or dependants - whether exceptional circumstances - whether intensive correction order appropriate
Legislation Cited:	Customs Act 1901 (Cth), s233BAA(4) Criminal Code Act 1995 (Cth), s5(4)(1) Social Securities Act (Cth), s1158 Crimes Act 1914 (Cth), s16A, s17A, s20AB Crimes Sentencing Procedure Act 1999 (NSW), s67 Crimes Regulation (1990)(Cth), clause 6
Cases Cited:	R v Sinclair (1990) 50 ACrimR 418, R v LE [1990] NSWCCA 146; R v Luong [2000] NSWCCA 139; R v Bednarz [2000] NSWCCA 553; R v Lo; R v Wang [2004] NSWCCA 382, R v Hart [1999] NSWCCA 204; R v Alla [2004] NSWCCA 378; R v Wood [2005] NSWCCA 223 Le v R [2006] NSWCCA 136, R v X [2004] NSWCCA 93 , R v Gardard [2004] NSWCCA 170, R v Lee [2007] NSWCCA 234, Markarian v The Queen (2005) 228 CLR 357, R v Boughen: R v Cameron [2012] NSWCCA 17, Hili v The Queen: Jones v The Queen [2010] HCA 45, Power v The Queen [1974] HCA 26
Category:	Sentence
Parties:	Director of Public Prosecutions - Crown Yan Huang - Offender
Representation:	Commonwealth Director of Public Prosecutions Mr Brassil Commonwealth Director of Public Prosecutions Lloyd Truman Sadiq Solicitors
File Number(s):	2011/160924
Publication restriction:	Nil

Judgment

INTRODUCTION

1. On 21 June 2012 at the Sydney District Court the offender was found guilty by a jury of the sole count in the indictment presented against her, namely that, contrary to s 233BAA(4) of the Customs Act 1901 (Cth) (the section) on or about 16 May 2011 at Sydney, in the state of New South Wales, she 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 that Act. The maximum penalty for this offence is five years imprisonment and/or a fine of $110,000.

THE FACTS

1. The facts surrounding the offence which were not challenged by the offender and are consistent with the verdict of the jury may be summarised as follows:

(i)   On 14 May 2011 Customs officers stationed at Mascot examined a package which had arrived by air from China. The package was addressed to "Coco" Huanu at an address in Claremont Road, Campsie and included a mobile phone number. A declaration on the package stated that it contained "Dust brush 10PCS". When opened the package was found to contain, inter alia, ten plastic brush handles which themselves were found to contain pink and…