The Queen v Hui
[2015] VCC 1373
•3 August 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case Nos. CR-15-00814
CR-15-00815
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| YEUN HUI |
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JUDGE: | Dean | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 July 2015 | |
DATE OF SENTENCE: | 3 August 2015 | |
CASE MAY BE CITED AS: | The Queen v Hui | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1373 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr K. Breckweg | Commonwealth Director of Public Prosecutions |
| For the Offender | Ms S. Lacey | Lethbridges |
HIS HONOUR:
1 Yuen Phuong Hui, you have pleaded guilty to the following offences:
2 (i) possession of a controlled drug contrary to s.308.1(1) of the Criminal Code. The maximum penalty for that offence is two years' imprisonment or a fine of 400 penalty units or both;
3 (ii) importing a commercial quantity of a border‑controlled drug contrary to s.307.1(1) of the Criminal Code, the maximum penalty for that offence is life imprisonment or a fine of 7500 penalty units or both;
4 and (iii) dealings in the proceeds of crime contrary to s.400.7(1) of the Criminal Code. The maximum penalty for that offence is five years imprisonment or a fine of 300 penalty units or both.
5 You pleaded guilty at the committal mention and I have taken your early plea into account in your favour in mitigation of sentence. You have no prior convictions, subsequent convictions or outstanding charges.
6 A Prosecution Opening was read to the court and tendered in evidence and your offending may be summarised as follows -
7 On 22 January 2014, you arrived in Australia from Hong Kong and on 29 January 2014, you rented an apartment in Haig Street, Southbank.
8 On 27 February 2014, Hong Kong Customs intercepted a parcel containing a quantity of methylamphetamine addressed to "Peter Wong" at those premises. On the basis of information received by the Australian Federal Police, a search warrant was executed at the premises on 26 March 2014. You were present when the police located a substance containing 155.2 grams of pure methylamphetamine and other drug-related articles. You were charged with the offence in Charge 1 on the Indictment and released on bail.
9 On 11 April 2014 that bail was revoked and a warrant was issued for your arrest as you had absconded and not complied with bail conditions. Between 9 July 2014 and 10 October 2014 whilst on bail and in Australia on a tourist visa, you participated in the importation of seven parcels into Australia containing 6.014 kilograms of pure methylamphetamine from Hong Kong. Your role in the importation was to supply addresses to persons in Hong Kong for the parcels to be delivered to and collect and deliver the parcels upon their arrival.
10 The parcels the subject of the charges were not delivered as they were intercepted by the Customs Service in Australia.
11 On 7 October 2014, you were arrested by police who executed the warrant issued for your arrest on 10 April 2014. In the course of a record of interview with investigating officers, you admitted that you were to be paid $3000 per parcel and that you had been paid for 10 other parcels. This sum of $30,000 received by you is relied upon by the prosecution in support of Charge 3 on the Indictment.
12 The methylamphetamine intercepted by the Customs Service had a wholesale value of between $1,921,680 and $3,108,600 and a street value of approximately $7,924,700. Plainly, you were concerned in the importation of a very substantial quantity of a border-controlled drug, although I do accept that it is not possible to conclude that you were aware of the exact quantities involved in your activities.
13 However, you played an important and trusted role in the organisation and commercial importation of a very substantial quantity of methylamphetamine into Australia by a foreign drug syndicate and offending of this type is plainly of the utmost seriousness. Illegal drugs of dependence and in particular, methylamphetamine, cause incalculable damage to our society and the sentence that I impose must be calculated to deter you and others from offending in this way.
14 The importation of methylamphetamine into Australia from Asia is a prevalent offence and the sentence that I impose must also be calculated to protect our community from offending of this type.
15 I now turn to your personal circumstances. You were born in Hong Kong on 25 May 1995 and are aged 20. You arrived in Australia when you were 18. You are a youthful offender with no criminal history and this is a very significant sentencing factor in your favour. I accept that imprisonment will be particularly onerous for you by reason of your age, small physical stature, poor command of English and complete social isolation. You have no family or friends of any significance in Australia.
16 Your background in Hong Kong was one of disadvantage. You have never met your father and your mother was a drug addict. You were raised in institutions from the age of five and you have a poor educational history. You have only been employed in low-skilled jobs since the age of 16.
17 I accept that your background meant that you were vulnerable to exploitation by those who sent you to Australia to offend. Nevertheless, in my opinion, upon your arrival here, you well knew that you were engaged in drug-related criminal activity for profit.
18 You will be deported on completion of your sentence and I accept that having regard to your age, your prospects of rehabilitation must be regarded as reasonable, although what your future in fact holds in Hong Kong is at this time unclear.
19 In the result, the sentence of the court is as follows -
20 On Charge 1, the charge of possession of a controlled drug contrary to s.308.1 of the Criminal Code, you are convicted and sentenced to be imprisoned for nine months. I direct that this sentence commence on 3 November 2015.
21 On the charge of importing a commercial quantity of a border-controlled drug contrary to s.307.1 of the Criminal Code, you are convicted and sentenced to be imprisoned for seven years. I direct that this sentence commence on 3 February 2016.
22 On the charge of dealing with money or property the proceeds of crime, contrary to s.400.7 of the Criminal Code, you are convicted and sentenced to be imprisoned for six months. I direct that this sentence commence this day, that is, 3 August 2015.
23 This makes for a total effective term of imprisonment of seven years and six months.
24 I direct that you serve four years and nine months before becoming eligible for release upon parole.
25 I declare that you have served 300 days by way of pre‑sentence detention, not including today.
26 But for your plea of guilty, I would have imposed a total effective term of imprisonment of nine years and six months and imposed a nonparole period of seven years.
27 I have made the forfeiture order sought by the prosecution. You can be seated.
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