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 6Cases 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 - OffenderRepresentation: 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
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
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…
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- AGLC
- R v Yan Huang [2012] NSWDC 298
- Case
- [2012] NSWDC 298
- Decision Date
CaseChat Overview and Summary
The court needed to determine Huang's role in the importation, whether he was a principal or an accomplice, and the level of recklessness involved. Furthermore, the court had to consider the potential impact of the sentence on Huang's family and whether there were exceptional circumstances warranting a departure from the usual sentencing principles. The defence also proposed that an intensive correction order might be a suitable alternative to imprisonment.
The court found that Huang played a significant role in the importation, acting with a high degree of recklessness. Despite the severity of the offence, the court recognised the potential adverse effects a custodial sentence might have on Huang's family, particularly his young children. The court concluded that an intensive correction order was inappropriate due to the seriousness of the offence and the need for general deterrence. Ultimately, the court sentenced Huang to a term of imprisonment of 12 months, with a recognizance release order after serving seven months. This sentence balanced the need for punishment and deterrence with consideration for the impact on Huang's family.
Orders
Orders of the court
Sentenced to a term of imprisonment of 12 months with a recognizance release order after 7 months
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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