R v Ngan [2020] NSWDC 493

R v Ngan [2020] NSWDC 493

Given the offender's significant facilitation role in an attempt to possess a commercial quantity of unlawfully imported border controlled drug, balanced against his deprived background, youth, and degree of involvement, a sentence of 14 years imprisonment with a non-parole period of 9 years and 3 months is appropriate to the objective seriousness and subjective circumstances of the offence as required by Commonwealth sentencing principles.

Parties
Crown: Regina; Offender: Tsz Yeung Ngan
Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Drug Offences, Commonwealth Offences, Import/export Border Controlled Prohibited Plant or Drug, Sentencing Penalties Imprisonment, Circumstances of Offence, Co Offenders, Parity, Deterrence, General Principles, Moral Culpability, S 16 BA Schedule, Objective Seriousness, Purposes of Sentencing, Subjective Considerations, Age of Offender, Deportation, Drug Addiction
Crime Sentencing Drug Offences Commonwealth Offences Import/export Border Controlled Prohibited Plant or Drug Sentencing Penalties Imprisonment Circumstances of Offence Co Offenders +11 more

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Parties

Regina

Crown

Tsz Yeung Ngan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for attempted possession of commercial quantity of unlawfully imported border controlled drug under s 307.51 Criminal Code 1995 (Cth)
  2. 2 Application of parity amongst co-offenders
  3. 3 Relevance of subjective factors to sentence

Ratio Decidendi

Given the offender's significant facilitation role in an attempt to possess a commercial quantity of unlawfully imported border controlled drug, balanced against his deprived background, youth, and degree of involvement, a sentence of 14 years imprisonment with a non-parole period of 9 years and 3 months is appropriate to the objective seriousness and subjective circumstances of the offence as required by Commonwealth sentencing principles.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • The offender is convicted of the offence.
  • Taking into account s 16BA schedule, a sentence of imprisonment of 14 years is imposed, commencing 9 May 2018.