R v Tieu [2019] NSWDC 485

R v Tieu [2019] NSWDC 485

A term of imprisonment is warranted for the possession of illicit tobacco where there is significant loss of revenue, connection to an organised crime group, and over an extended period. In light of the offender's background, untreated PTSD, lack of prior criminal history, genuine remorse, and early plea of guilty, community safety is best served by an intensive correction order, with conditions including community service, psychological treatment, and a reparation order.

Parties
Crown: Regina; Offender: Hong Ve Tieu
Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal / Sentence
Outcome
Sentence of 2 years imprisonment to be served by way of Intensive Correction Order.
Legal Topics
Possession of Illegally Imported Tobacco, Intensive Correction Order, Sentencing, Defrauding the Revenue, Money From Proceeds of Crime
Criminal Law Possession of Illegally Imported Tobacco Intensive Correction Order Sentencing Defrauding the Revenue Money From Proceeds of Crime

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Parties

Regina

Crown

Hong Ve Tieu

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for possession of illicit tobacco products knowing they were imported to defraud revenue?
  2. 2 What is the impact of the offender's background and psychological condition on sentencing?

Ratio Decidendi

A term of imprisonment is warranted for the possession of illicit tobacco where there is significant loss of revenue, connection to an organised crime group, and over an extended period. In light of the offender's background, untreated PTSD, lack of prior criminal history, genuine remorse, and early plea of guilty, community safety is best served by an intensive correction order, with conditions including community service, psychological treatment, and a reparation order.

Court Disposition

Sentence of 2 years imprisonment to be served by way of Intensive Correction Order.

Orders

  • Imprisonment sentence of 2 years by way of Intensive Correction Order commencing 16 August 2019.
  • Mandatory conditions: do not commit offences, submit to supervision by community corrections officer.