R v Pinyosap, Surachai [2014] NSWDC 349

R v Pinyosap, Surachai [2014] NSWDC 349

The offender knowingly imported 1.939 kilograms of pure heroin, a commercial quantity, into Australia. The offence was very serious and required general deterrence, but his sentence was reduced to reflect his courier role, non-exculpatory threats, gambling addiction as a motivating factor, prior good character, remorse, immediate admissions, early guilty plea and limited assistance to authorities. A sentence of about 10 years absent discounts was reduced to seven years with a non-parole period of four and a half years.

Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea in the Local Court
Outcome
Convicted and sentenced to imprisonment for seven years with a non-parole period of four and a half years.
Legal Topics
['importing a Commercial Quantity of Heroin' 'drug Courier' 'general Deterrence' 'early Guilty Plea' 'assistance to Authorities' 'gambling Addiction' 'non Exculpatory Duress']
['criminal Law' 'sentencing'] ['importing a Commercial Quantity of Heroin' 'drug Courier' 'general Deterrence' 'early Guilty Plea' 'assistance to Authorities' 'gambling Addiction' 'non Exculpatory Duress']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for importing a commercial quantity of heroin contrary to s 307.1 of the Criminal Code.' "What weight should be given to the offender's role as a courier, gambling debt, threats, prior good character, remorse, early guilty plea and assistance to authorities." "What non-parole period should be fixed having regard to the offender's criminality and special circumstances."]

Ratio Decidendi

The offender knowingly imported 1.939 kilograms of pure heroin, a commercial quantity, into Australia. The offence was very serious and required general deterrence, but his sentence was reduced to reflect his courier role, non-exculpatory threats, gambling addiction as a motivating factor, prior good character, remorse, immediate admissions, early guilty plea and limited assistance to authorities. A sentence of about 10 years absent discounts was reduced to seven years with a non-parole period of four and a half years.

Court Disposition

Convicted and sentenced to imprisonment for seven years with a non-parole period of four and a half years.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a term of imprisonment of seven years commencing on 19 May 2013 and expiring on 18 May 2020.' 'A non-parole period of four and a half years is fixed, commencing on 19 May 2013 and expiring on 18 November 2017.']