R v Ji; R v Zeng [2024] NSWDC 369

R v Ji; R v Zeng [2024] NSWDC 369

Although general deterrence required stern punishment for drug trafficking, the offending was towards the lower end of objective seriousness, both offenders had strong subjective cases, no prior convictions, early guilty pleas, full admissions, contrition, low prospects of reoffending and significant family or mental health factors. The proceeds of crime offending was inextricably connected with the drug offending and added little to overall criminality, so the appropriate outcome after a 25% plea discount was the same aggregate head sentence of three years imprisonment for each offender, with Mr Zeng's one-year proceeds sentence wholly concurrent and Mr Ji's s 16BA matter taken into...

Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas in the Local Court
Outcome
Both offenders were sentenced to three years imprisonment commencing 2 February 2023 and expiring 1 February 2026, with first eligibility for parole on 1 February 2025. Mr Zeng also received a wholly concurrent one-year sentence for the proceeds of crime offence. Forfeiture orders were made by consent.
Legal Topics
['drug Offences' 'trafficking a Marketable Quantity of Methamphetamine' 'proceeds of Crime' 'commonwealth Offences' 'general Deterrence' 'contrition, Insight and Remorse' 'parity' 'forfeiture']
['criminal Law' 'sentencing'] ['drug Offences' 'trafficking a Marketable Quantity of Methamphetamine' 'proceeds of Crime' 'commonwealth Offences' 'general Deterrence' 'contrition, Insight and Remorse' 'parity' 'forfeiture']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas in the Local Court

Legal Issues

  1. 1 ['What sentences should be imposed for trafficking a marketable quantity of methamphetamine contrary to s 302.3(1) of the Criminal Code Act 1995 (Cth).' 'What sentence should be imposed on Jialang Zeng for dealing with money that was proceeds of crime contrary to s 400.7(1) of the Criminal Code Act 1995 (Cth).' "What effect should be given to David Kang Ji's admitted s 16BA proceeds of crime schedule offence." 'What weight should be given to general deterrence, guilty pleas, contrition, cooperation, subjective circumstances, rehabilitation, family hardship, objective seriousness and parity.']

Ratio Decidendi

Although general deterrence required stern punishment for drug trafficking, the offending was towards the lower end of objective seriousness, both offenders had strong subjective cases, no prior convictions, early guilty pleas, full admissions, contrition, low prospects of reoffending and significant family or mental health factors. The proceeds of crime offending was inextricably connected with the drug offending and added little to overall criminality, so the appropriate outcome after a 25% plea discount was the same aggregate head sentence of three years imprisonment for each offender, with Mr Zeng's one-year proceeds sentence wholly concurrent and Mr Ji's s 16BA matter taken into...

Court Disposition

Both offenders were sentenced to three years imprisonment commencing 2 February 2023 and expiring 1 February 2026, with first eligibility for parole on 1 February 2025. Mr Zeng also received a wholly concurrent one-year sentence for the proceeds of crime offence. Forfeiture orders were made by consent.

Orders

  • ['For Jialang Zeng, for sequence 2, sentence to a term of imprisonment of three years to commence 2 February 2023 and expire 1 February 2026.' 'For Jialang Zeng, for sequence 3, sentence to a term of imprisonment of one year to also commence 2 February 2023, noted as expired on 1 February 2024, with the sentences...