R v Yu [2019] NSWDC 904

R v Yu [2019] NSWDC 904

Although the offence required a term of imprisonment, the offender's criminality was not high: he was not the intended recipient, had no involvement before delivery, acted opportunistically and spontaneously after a delivery card was left at his address, was reckless rather than knowingly aware of the precursor or quantity, and had no demonstrated connection with drug organisations. Taking into account the 10% guilty plea discount, 79 days already spent in custody, lack of prior convictions, very good rehabilitation prospects and low risk of re-offending, a sentence of one year and ten months' imprisonment to be served by way of an Intensive Correction Order was appropriate rather than...

Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Convicted and sentenced to a term of imprisonment to be served by way of an Intensive Correction Order.
Legal Topics
['attempt to Import a Commercial Quantity of a Border Controlled Precursor' 'ephedrine' 'recklessness' 'objective Seriousness' 'utilitarian Discount for Guilty Plea' 'intensive Correction Order' 'general Deterrence' 'potential Deportation']
['criminal Law' 'commonwealth Sentencing' 'drug Importation'] ['attempt to Import a Commercial Quantity of a Border Controlled Precursor' 'ephedrine' 'recklessness' 'objective Seriousness' 'utilitarian Discount for Guilty Plea' 'intensive Correction Order' 'general Deterrence' 'potential Deportation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to import a commercial quantity of ephedrine as a border controlled precursor.' "Whether the offender's conduct in taking possession and control of the consignment amounted to dealing with the imported substance within the statutory concept of importation." 'The objective seriousness of the offence where the offender was not the intended recipient, had no involvement before delivery, acted opportunistically, and was reckless rather than knowingly aware of the precursor or quantity.' 'The weight to be given to general deterrence, denunciation, the guilty plea, lack of prior convictions, prospects of rehabilitation, time in custody, bail conditions, and potential deportation.' 'Whether a term of imprisonment could appropriately be served by way of an Intensive Correction Order.']

Ratio Decidendi

Although the offence required a term of imprisonment, the offender's criminality was not high: he was not the intended recipient, had no involvement before delivery, acted opportunistically and spontaneously after a delivery card was left at his address, was reckless rather than knowingly aware of the precursor or quantity, and had no demonstrated connection with drug organisations. Taking into account the 10% guilty plea discount, 79 days already spent in custody, lack of prior convictions, very good rehabilitation prospects and low risk of re-offending, a sentence of one year and ten months' imprisonment to be served by way of an Intensive Correction Order was appropriate rather than...

Court Disposition

Convicted and sentenced to a term of imprisonment to be served by way of an Intensive Correction Order.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for one year and ten months.' 'The sentence is to be served by way of Intensive Correction Order pursuant to s 7(1) Crimes (Sentencing Procedure) Act 1999.' 'The sentence commences on 1 August 2019.' 'The offender must report to the Community...