R v KUO [2015] NSWDC 311

R v KUO [2015] NSWDC 311

The offender did not discharge the onus of establishing on the balance of probabilities that he acted under non-exculpatory duress. Although he had a gambling debt and that contributed to his decision to offend, the account of threats contained significant improbabilities and inconsistencies, and he played a willing role by supplying his name and address, tracking and receiving the consignment, and warehousing the drugs. His role was lower level and analogous to a courier, but it was crucial to the attempted possession of a commercial quantity of methamphetamine. Taking into account the objective seriousness, general deterrence, the 12% discount for the guilty plea, lack of prior...

Jurisdiction
Australia
Judgment Date
08 April 2015
Procedural Posture
Criminal Sentence / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years.
Legal Topics
['attempt to Possess a Border Controlled Drug' 'commercial Quantity of Methamphetamine' 'commonwealth Sentencing' 'non Exculpatory Duress' 'guilty Plea Discount' 'general Deterrence']
['criminal Law' 'sentencing'] ['attempt to Possess a Border Controlled Drug' 'commercial Quantity of Methamphetamine' 'commonwealth Sentencing' 'non Exculpatory Duress' 'guilty Plea Discount' 'general Deterrence']

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Procedural Posture

Criminal Sentence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["Whether the offender's moral culpability was mitigated by non-exculpatory duress." 'What discount should be allowed for the plea of guilty as facilitation of the course of justice.' "The objective seriousness of attempting to possess a commercial quantity of methamphetamine and the offender's role in warehousing the drugs." 'The appropriate sentence and non-parole period under Pt 1B Crimes Act 1914 (CTH).']

Ratio Decidendi

The offender did not discharge the onus of establishing on the balance of probabilities that he acted under non-exculpatory duress. Although he had a gambling debt and that contributed to his decision to offend, the account of threats contained significant improbabilities and inconsistencies, and he played a willing role by supplying his name and address, tracking and receiving the consignment, and warehousing the drugs. His role was lower level and analogous to a courier, but it was crucial to the attempted possession of a commercial quantity of methamphetamine. Taking into account the objective seriousness, general deterrence, the 12% discount for the guilty plea, lack of prior...

Court Disposition

Offender convicted and sentenced to imprisonment for 7 years with a non-parole period of 4 years.

Orders

  • ['Ming Jen Kuo is convicted.' 'The offender is sentenced to a term of imprisonment of seven years commencing on 12 November 2013 and expiring on 11 November 2020.' 'A non-parole period of four years is fixed to date from 12 November 2013 and expire on 11 November 2017.' 'Release to parole is subject to s 19AL Crimes...