R v Zheng [2013] NSWDC 151

R v Zheng [2013] NSWDC 151

Because Mr Zheng attempted to possess for supply a quantity of pseudoephedrine more than five times the large commercial quantity, played an essential principal role in the Australian end of an ongoing importation operation, and the offence was objectively very serious, a significant term of imprisonment was required. The sentence was moderated by the early guilty plea, absence of prior criminal history, remorse, family and personal circumstances, good rehabilitation prospects, the fact that police intervention prevented manufacture or distribution of drugs, and a finding of special circumstances.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to imprisonment consisting of a non-parole period of 5 years and a head sentence of 8 years.
Legal Topics
['attempting to Possess Pseudoephedrine for the Purpose of Supply' 'large Commercial Quantity' 'drug Precursor Importation' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['attempting to Possess Pseudoephedrine for the Purpose of Supply' 'large Commercial Quantity' 'drug Precursor Importation' 'guilty Plea Discount' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess 27.58 kilograms of pseudoephedrine for the purposes of supply, being more than the large commercial quantity.' "What weight should be given to the offender's role in the Australian end of the operation, early guilty plea, absence of prior criminal history, family circumstances, remorse, rehabilitation prospects and special circumstances."]

Ratio Decidendi

Because Mr Zheng attempted to possess for supply a quantity of pseudoephedrine more than five times the large commercial quantity, played an essential principal role in the Australian end of an ongoing importation operation, and the offence was objectively very serious, a significant term of imprisonment was required. The sentence was moderated by the early guilty plea, absence of prior criminal history, remorse, family and personal circumstances, good rehabilitation prospects, the fact that police intervention prevented manufacture or distribution of drugs, and a finding of special circumstances.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 5 years and a head sentence of 8 years.

Orders

  • ['Lang Shuo Zheng is sentenced to imprisonment with a non-parole period of 5 years commencing on 18 January 2012.' 'A head sentence of 8 years is imposed.' 'The non-parole period will expire on 17 January 2017, the earliest day on which Lang Shuo Zheng can be released to parole.']