R v Alexander TRAN [2011] NSWDC 105

R v Alexander TRAN [2011] NSWDC 105

Mr Tran knowingly imported a commercial quantity (1.818 kg) of pseudoephedrine into Australia, an offence under s 307.11(1) of the Criminal Code Act 1995. Despite his remorse, plea of guilty, prior good character, and limited prior record, the seriousness of this offence, motivated by greed and involving a substantial quantity exceeding the commercial threshold, necessitates a sentence of full-time imprisonment. A discount of 10% for plea and cooperation is warranted. No finding is made that he played a major role beyond importation due to lack of evidence regarding exclusive possession in a shared home.

Parties
Prosecution: Regina; Offender: Alexander Tran
Jurisdiction
Australia
Judgment Date
14 July 2011
Procedural Posture
Sentence / Sentencing
Outcome
Offender sentenced to imprisonment; non-parole period fixed.
Legal Topics
Importation of Border Controlled Precursor, Sentencing, Federal Offences, Pseudoephedrine, Commercial Quantity, Plea of Guilty, Mitigating and Aggravating Factors, Possession and Exclusive Possession, Role in Offence
Criminal Law Importation of Border Controlled Precursor Sentencing Federal Offences Pseudoephedrine Commercial Quantity Plea of Guilty Mitigating and Aggravating Factors +2 more

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Parties

Regina

Prosecution

Alexander Tran

Offender

Procedural Posture

Sentence / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for importing a commercial quantity of a border controlled precursor (pseudoephedrine)?
  2. 2 Was the offender aware of the precise quantity and nature of the precursor?
  3. 3 Was the offender's role significant in the importation and intended manufacture of a controlled drug?

Ratio Decidendi

Mr Tran knowingly imported a commercial quantity (1.818 kg) of pseudoephedrine into Australia, an offence under s 307.11(1) of the Criminal Code Act 1995. Despite his remorse, plea of guilty, prior good character, and limited prior record, the seriousness of this offence, motivated by greed and involving a substantial quantity exceeding the commercial threshold, necessitates a sentence of full-time imprisonment. A discount of 10% for plea and cooperation is warranted. No finding is made that he played a major role beyond importation due to lack of evidence regarding exclusive possession in a shared home.

Court Disposition

Offender sentenced to imprisonment; non-parole period fixed.

Orders

  • Sentence of imprisonment for six years and three months commencing 14 July 2011.
  • Non-parole period of four years commencing 14 July 2011 and expiring on 13 July 2015.