R v Min Yok CHEAW [2021] NSWDC 599

R v Min Yok CHEAW [2021] NSWDC 599

The offender was convicted and sentenced to full-time imprisonment because he deliberately attempted to import a very large commercial quantity of ephedrine while at least reckless that the importation contained a border-controlled precursor. Although the offence was assessed as below mid-level seriousness within the offence provision and the offender had mitigating factors including age, no prior convictions, long-term good character, reasonable prospects of rehabilitation, family separation, medical issues, and some moderation for the agreed facts, the quantity and purity of the precursor, financial motivation, need for general deterrence and denunciation, lack of remorse, and parity...

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Criminal Sentencing for Attempting to Import a Commercial Quantity of a Border Controlled Precursor / Sentence After Guilty Verdict
Outcome
The offender was convicted and sentenced to 8.5 years imprisonment with a non-parole period of 4.5 years.
Legal Topics
['attempting to Import a Commercial Quantity of a Border Controlled Precursor' 'full Time Imprisonment' 'objective Seriousness' 'recklessness' 'general Deterrence' 'parity With Co Offender']
['criminal Law' 'sentencing'] ['attempting to Import a Commercial Quantity of a Border Controlled Precursor' 'full Time Imprisonment' 'objective Seriousness' 'recklessness' 'general Deterrence' 'parity With Co Offender']

Case Brief

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Procedural Posture

Criminal Sentencing for Attempting to Import a Commercial Quantity of a Border Controlled Precursor / Sentence After Guilty Verdict

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to import a commercial quantity of a border controlled precursor contrary to section 307.11(1) and section 11.1(1) of the Criminal Code Act 1995 (Cth).' "The offender's state of mind, role, duration of involvement, and the seriousness of the offence having regard to the type, quantity and purity of the border controlled precursor." 'The extent to which subjective factors including age, good character, family circumstances, medical issues, lack of prior convictions, prospects of rehabilitation, lack of remorse, and the agreed facts should moderate sentence.' 'Whether the sentence should avoid unjustified disparity with the co-offender.']

Ratio Decidendi

The offender was convicted and sentenced to full-time imprisonment because he deliberately attempted to import a very large commercial quantity of ephedrine while at least reckless that the importation contained a border-controlled precursor. Although the offence was assessed as below mid-level seriousness within the offence provision and the offender had mitigating factors including age, no prior convictions, long-term good character, reasonable prospects of rehabilitation, family separation, medical issues, and some moderation for the agreed facts, the quantity and purity of the precursor, financial motivation, need for general deterrence and denunciation, lack of remorse, and parity...

Court Disposition

The offender was convicted and sentenced to 8.5 years imprisonment with a non-parole period of 4.5 years.

Orders

  • ['The offender is convicted.' 'The sentence is backdated to commence on 17 September 2019.' 'The offender is sentenced to a term of 8.5 years imprisonment with a non-parole period of 4.5 years.' 'Eligibility for release to parole arises on 16 March 2024 and the term will expire on 16 March 2028.']