R v Mia Vivien CHONG [2009] NSWDC 377

R v Mia Vivien CHONG [2009] NSWDC 377

Taking into account the seriousness of importing 151 grams of pure cocaine, the offender's plea of guilty at the earliest opportunity, significant personal factors including addiction, lack of planning, and emotional vulnerability, but also her criminal history and the need for general deterrence, the appropriate sentence is six years imprisonment with a non-parole period of three and a half years commencing on 10 May 2009.

Parties
Prosecution: Regina; Offender: Mia Vivien CHONG
Jurisdiction
Australia
Judgment Date
17 December 2009
Procedural Posture
Criminal Proceeding / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Importation of Prohibited Drugs, Sentencing
Criminal Law Importation of Prohibited Drugs Sentencing

Case Brief

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Parties

Regina

Prosecution

Mia Vivien CHONG

Offender

Procedural Posture

Criminal Proceeding / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for importing a marketable quantity of a border controlled drug (cocaine) contrary to s 307.2(1) of the Commonwealth Criminal Code, considering the offender's background, criminal history, addiction, and circumstances?

Ratio Decidendi

Taking into account the seriousness of importing 151 grams of pure cocaine, the offender's plea of guilty at the earliest opportunity, significant personal factors including addiction, lack of planning, and emotional vulnerability, but also her criminal history and the need for general deterrence, the appropriate sentence is six years imprisonment with a non-parole period of three and a half years commencing on 10 May 2009.

Court Disposition

Convicted and sentenced

Orders

  • Mia Vivien CHONG is convicted.
  • Sentenced to six years imprisonment with a non-parole period of three and a half years dated from 10 May 2009.