R v WONG [2009] NSWDC 376

R v WONG [2009] NSWDC 376

Because Mr Wong pleaded guilty but imported a commercial quantity of MDMA, failed adequately to explain his involvement, and his actions showed guilty knowledge, the Court convicted him and imposed a sentence reflecting the seriousness of the offence and general deterrence: six years' imprisonment with a non-parole period of four years backdated to 21 December 2008.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Criminal Sentencing for Importing a Commercial Quantity of a Border Controlled Drug, Namely MDMA / Sentence After Guilty Plea
Outcome
Convicted and sentenced to six years' imprisonment with a non-parole period of four years dating from 21 December 2008; eligible for release on parole on 20 December 2012.
Legal Topics
['importation of Commercial Quantity of Border Controlled Drug' 'mdma' 'guilty Plea' 'general Deterrence' 'non Parole Period']
['criminal Law' 'drug Offences' 'sentencing'] ['importation of Commercial Quantity of Border Controlled Drug' 'mdma' 'guilty Plea' 'general Deterrence' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentencing for Importing a Commercial Quantity of a Border Controlled Drug, Namely MDMA / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for importing 642 grams of MDMA in a bulk of 2,498.3 grams consisting of about 9,993 ecstasy tablets.' 'Whether Mr Wong had adequately explained his involvement in the offence or should be treated as someone who chose to import drugs into Australia in the hope of making a profit.' 'Whether special circumstances justified varying the usual ratio of the non-parole period to the parole period.']

Ratio Decidendi

Because Mr Wong pleaded guilty but imported a commercial quantity of MDMA, failed adequately to explain his involvement, and his actions showed guilty knowledge, the Court convicted him and imposed a sentence reflecting the seriousness of the offence and general deterrence: six years' imprisonment with a non-parole period of four years backdated to 21 December 2008.

Court Disposition

Convicted and sentenced to six years' imprisonment with a non-parole period of four years dating from 21 December 2008; eligible for release on parole on 20 December 2012.

Orders

  • ['The offender is convicted.' "The offender is sentenced to six years' imprisonment with a non-parole period of four years to date from 21 December 2008." 'The offender is eligible for release on parole on 20 December 2012.']