R v Wu [2020] NSWDC 342

R v Wu [2020] NSWDC 342

Given the offender's knowledge, involvement as intermediary/distributor, the serious but below mid-range nature of the offence, lack of prior criminal history, and prospects for rehabilitation, a sentence of two years imprisonment is appropriate, to be served by way of an Intensive Correction Order with 300 hours of community service, rather than full-time custody, to best ensure community safety and promote rehabilitation.

Parties
Cth Crown: Director of Public Prosecutions (Cth); Offender: Leifan Wu
Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Sentence / Judgment After Sentence Hearing
Outcome
Convicted and sentenced to two years imprisonment to be served by way of Intensive Correction Order with community service condition
Legal Topics
Possession of Illegally Imported Tobacco, Sentencing for Commonwealth Offences, Defrauding Revenue, General and Specific Deterrence
Criminal Law Possession of Illegally Imported Tobacco Sentencing for Commonwealth Offences Defrauding Revenue General and Specific Deterrence

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Parties

Director of Public Prosecutions (Cth)

Cth Crown

Leifan Wu

Offender

Procedural Posture

Sentence / Judgment After Sentence Hearing

Legal Issues

  1. 1 Appropriate sentence for possession of tobacco products imported with intent to defraud the revenue under s 233BABAD(2) of the Customs Act 1901 (Cth)
  2. 2 Assessment of objective seriousness and role of the offender
  3. 3 Appropriateness of Intensive Correction Order in lieu of full-time imprisonment

Ratio Decidendi

Given the offender's knowledge, involvement as intermediary/distributor, the serious but below mid-range nature of the offence, lack of prior criminal history, and prospects for rehabilitation, a sentence of two years imprisonment is appropriate, to be served by way of an Intensive Correction Order with 300 hours of community service, rather than full-time custody, to best ensure community safety and promote rehabilitation.

Court Disposition

Convicted and sentenced to two years imprisonment to be served by way of Intensive Correction Order with community service condition

Orders

  • Convicted of offence under s 233BABAD(2) Customs Act 1901 (Cth)
  • Sentenced to 2 years imprisonment commencing 2 July 2020