R v Xue [2018] NSWDC 371

R v Xue [2018] NSWDC 371

A sentence of full-time imprisonment was required because the offender jointly imported ephedrine in excess of the commercial quantity, in an amount more than ten times the commercial quantity threshold, with a limited managerial role and for promised financial gain. Balancing that seriousness and the need for general deterrence against his early guilty plea, remorse, prior good character, family hardship, low to moderate risk of reoffending and acceptance of responsibility justified a sentence of 5 years and 6 months with a non-parole period of 3 years and 4 months, commencing on 28 February 2017.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Criminal Sentencing for Commonwealth Offence of Importing a Border Controlled Precursor / Sentence After Guilty Plea
Outcome
The offender was convicted and sentenced to imprisonment for 5 years and 6 months with a non-parole period of 3 years and 4 months.
Legal Topics
['importing a Border Controlled Precursor' 'ephedrine' 'commercial Quantity' 'guilty Plea' 'remorse' 'general Deterrence' 'non Parole Period']
['criminal Law' 'sentencing' 'commonwealth Criminal Law'] ['importing a Border Controlled Precursor' 'ephedrine' 'commercial Quantity' 'guilty Plea' 'remorse' 'general Deterrence' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Commonwealth Offence of Importing a Border Controlled Precursor / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for jointly importing a border controlled precursor, namely ephedrine, in excess of a commercial quantity under s 307.11 of the Criminal Code (Cth).' "How the offender's limited managerial role, early guilty plea, remorse, prior good character, family hardship, low to moderate risk of reoffending and promised financial gain should affect sentence." 'What weight should be given to general deterrence in sentencing for the Commonwealth drug importation offence.']

Ratio Decidendi

A sentence of full-time imprisonment was required because the offender jointly imported ephedrine in excess of the commercial quantity, in an amount more than ten times the commercial quantity threshold, with a limited managerial role and for promised financial gain. Balancing that seriousness and the need for general deterrence against his early guilty plea, remorse, prior good character, family hardship, low to moderate risk of reoffending and acceptance of responsibility justified a sentence of 5 years and 6 months with a non-parole period of 3 years and 4 months, commencing on 28 February 2017.

Court Disposition

The offender was convicted and sentenced to imprisonment for 5 years and 6 months with a non-parole period of 3 years and 4 months.

Orders

  • ['The offender is convicted of the offence.' 'A sentence of imprisonment of 5 years, 6 months is imposed, to commence on 28 February 2017 and expire on 27 August 2022.' 'A non-parole period of 3 years, 4 months is imposed, expiring on 27 June 2020; the offender is eligible for release to parole on that date.']