R v Hae [2021] NSWDC 801

R v Hae [2021] NSWDC 801

The offender was sentenced on the basis that he knowingly aided and abetted Maraivalu's attempted possession of a substantial quantity of methamphetamine by recruiting the driver, providing the forged letter of authority, and undertaking counter-surveillance while monitoring the collection. His involvement was more extensive than the co-offender's in both conduct and duration, and the objective seriousness, quantity and value of the drug, inference of financial motivation, need for deterrence, parity, subjective circumstances, prior custody, and restrictive bail justified a full-time imprisonment sentence of 11 years with a non-parole period of 5 years and 6 months.

Jurisdiction
Australia
Judgment Date
01 December 2021
Procedural Posture
Criminal Sentence / Sentence Following Jury Verdict of Guilty
Outcome
Offender sentenced to full-time imprisonment for 11 years with a non-parole period of 5 years and 6 months, backdated to commence on 1 December 2019.
Legal Topics
['commonwealth Drug Offences' 'aiding and Abetting' 'attempt to Possess Border Controlled Drug' 'methamphetamine' 'parity' 'general Deterrence']
['criminal Law' 'sentencing'] ['commonwealth Drug Offences' 'aiding and Abetting' 'attempt to Possess Border Controlled Drug' 'methamphetamine' 'parity' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for aiding and abetting an attempt to possess a substantial quantity of methamphetamine contrary to the Criminal Code (Cth).' 'What role the offender played in the collection of the substituted package and whether his conduct included recruiting the driver, providing the letter of authority, and counter-surveillance.' 'How parity with co-offender Sentiki Maraivalu should affect sentence.' "How the offender's subjective circumstances, prior custody, restrictive bail, lack of guilty plea, and Commonwealth sentencing principles should be taken into account."]

Ratio Decidendi

The offender was sentenced on the basis that he knowingly aided and abetted Maraivalu's attempted possession of a substantial quantity of methamphetamine by recruiting the driver, providing the forged letter of authority, and undertaking counter-surveillance while monitoring the collection. His involvement was more extensive than the co-offender's in both conduct and duration, and the objective seriousness, quantity and value of the drug, inference of financial motivation, need for deterrence, parity, subjective circumstances, prior custody, and restrictive bail justified a full-time imprisonment sentence of 11 years with a non-parole period of 5 years and 6 months.

Court Disposition

Offender sentenced to full-time imprisonment for 11 years with a non-parole period of 5 years and 6 months, backdated to commence on 1 December 2019.

Orders

  • ['Edwin Joseph Hae is sentenced to a term of full-time imprisonment of eleven years.' 'The non-parole period is five years and six months.' 'The head sentence and non-parole period commence on 1 December 2019.' 'The non-parole period expires on 31 May 2025.' 'The head sentence expires on 30 November 2030.']