District Court
New South Wales
Medium Neutral Citation: R v YZ (a pseudonym) [2025] NSWDC 98 Hearing dates: 17 March 2025 Date of orders: 28 March 2025 Decision date: 28 March 2025 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: In respect of Sequences 1,7, and 8, taking into account the Sequence 5 matter and after deducting 25% for the pleas of guilty, the Offender is sentenced to an aggregate term of imprisonment of three (3) years to commence on 28 January 2025 and expire 27 January 2028.
The Offender is to be released on 27 January 2026, upon him entering a recognizance pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) himself in the sum of $100, without security, for a period of two (2) years. That recognizance is to be subject to conditions.
Catchwords: CRIME – Commonwealth offences – Tobacco offences – Customs and excise – Proceeds of crime – General deterrence for offences concerning the possession of tobacco which has not been subject to excise duty – General deterrence is a significant factor
Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) s 7, s 8
Crimes Act 1914 (Cth) s 16, s 16A, s 16BA, s 17, s 17AC, s 19AC, s 20
Criminal Code Act 1995 (Cth) s 400.9
Customs Act 1901 (Cth) s 233BABAD
Taxation Administration Act 1953 (Cth) Sch 1 Cl 308
Cases Cited: Bugmy v The Queen (2013) 249 CLR 571
Huang and Siu v R [2007] NSWCCA 259
Kim v The Queen [2016] VSCA 238
McGregor v R [2024] NSWCCA 200
R v De La Rosa (2010) 79 NSWLR 1
R v De Simoni (1981) 147 CLR 383
R v Kopa; Ex parte DPP (Cth), R v Istogu; Ex parte DPP (Cth) [2004] QCA 100
R v Quinlin [2021] NSWCCA 284; 293 A Crim R 253
Category: Sentence Parties: Rex (Crown)
YZ (a pseudonym) (Offender)Representation: Counsel:
Solicitors:
W Bruffey (Crown)
S Boland (Offender)
Commonwealth Director of Public Prosecutions (Crown)
Australian Criminal and Family Lawyers (Offender)
File Number(s): 2023/34354; 2023/286849 Publication restriction: Pursuant to s. 7 of the Court Suppression and Non-publication Orders Act 2010 ('CSNPO Act'), and upon the grounds set out in ss. 8(1 )(c) of the CSNPO Act, the following is prohibited from publication:
a. any information that reveals, or tends to reveal, the Offender’s or the Co-offenders’ names.
b. any topic or fact referred to in any redacted portions of this judgment.
Continue reading R v YZ (a pseudonym)
Sign in free to access the full text
- AGLC
- R v YZ (a pseudonym) [2025] NSWDC 98
- Case
- [2025] NSWDC 98
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate weight to be given to general deterrence in sentencing for these types of offences. The prosecution argued that the penalties should reflect the need to deter similar activities in the future. The defence, on the other hand, contended that the court should focus more on rehabilitation and individual circumstances, rather than solely on deterrence. The central issue was whether the general deterrence should be a significant factor in the sentencing of YZ.
The court found that general deterrence is indeed a significant factor in the context of offences concerning the possession of untaxed tobacco. It recognised the importance of these laws in preventing illicit trade and protecting revenue. After considering the nature of the offences, the circumstances of YZ, and the pleas of guilty, the court imposed a sentence of imprisonment. The term was set to three years, with a specific start and end date, and conditions attached to any recognizance for early release. The court balanced the need for deterrence with the specific circumstances of the offender, arriving at a sentence that it deemed appropriate under the circumstances.
Orders
Orders of the court
In respect of Sequences 1,7, and 8, taking into account the Sequence 5 matter and after deducting 25% for the pleas of guilty, the Offender is sentenced to an aggregate term of imprisonment of three (3) years to commence on 28 January 2025 and expire 27 January 2028.
The Offender is to be released on 27 January 2026, upon him entering a recognizance pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth) himself in the sum of $100, without security, for a period of two (2) years. That recognizance is to be subject to conditions.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.