R (Cth) v Jia Li He (No 1) [2021] NSWDC 450

R (Cth) v Jia Li He (No 1) [2021] NSWDC 450

On the evidence, including agreed facts and the testimony of Ms Su, the Court was satisfied beyond reasonable doubt that Mr He was the principal in the criminal enterprise. He engaged and directed Ms Su and Mr Wu to open post office boxes, manage storage units, and launder proceeds, while disguising his principal role. The Crown evidence, particularly Ms Su's, was coherent and plausible. The offender's evidence was found to be internally inconsistent and at times untruthful.

Parties
Prosecutor: Crown (Cth) – Regina; Offender: Jia Li He
Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Criminal / Contested Facts Hearing (sentence)
Outcome
Finding offender was principal in criminal enterprise
Legal Topics
Commonwealth Offence, Customs Offences, Tobacco Importation, Defrauding the Revenue, Principal and Accessory Liability
Criminal Law Commonwealth Offence Customs Offences Tobacco Importation Defrauding the Revenue Principal and Accessory Liability

Case Brief

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Parties

Crown (Cth) – Regina

Prosecutor

Jia Li He

Offender

Procedural Posture

Criminal / Contested Facts Hearing (sentence)

Legal Issues

  1. 1 Whether the offender was the principal in the criminal enterprise or a worker
  2. 2 Nature of offender's involvement in unlawful tobacco importation

Ratio Decidendi

On the evidence, including agreed facts and the testimony of Ms Su, the Court was satisfied beyond reasonable doubt that Mr He was the principal in the criminal enterprise. He engaged and directed Ms Su and Mr Wu to open post office boxes, manage storage units, and launder proceeds, while disguising his principal role. The Crown evidence, particularly Ms Su's, was coherent and plausible. The offender's evidence was found to be internally inconsistent and at times untruthful.

Court Disposition

Finding offender was principal in criminal enterprise

Orders

  • The Court finds that the offender, Jia Li He, was the principal in the criminal enterprise concerning possession of unlawfully imported tobacco products.