R v LI [2019] NSWDC 824

R v LI [2019] NSWDC 824

Jingyu Li, having pleaded guilty to possessing tobacco products knowing the goods were imported with intent to defraud the revenue and having cooperated with authorities as a witness of truth, and assessed as a worker/labourer under direction with modest financial gain, is sentenced to 18 months imprisonment to be served by way of Intensive Correction Order, recognising a combined discount of 35% for plea and cooperation, in light of parity, the low risk of reoffending, contrition, and excellent prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Criminal / Sentence
Outcome
Sentence of imprisonment for 18 months to be served by way of Intensive Correction Order.
Legal Topics
['sentencing' 'offences Relating to Evasion of Excise Duty' 'importation of Tobacco' 'possession of Tobacco With Intent to Defraud Revenue' 'parity in Sentencing' 'mitigation for Cooperation and Contrition']
['criminal Law'] ['sentencing' 'offences Relating to Evasion of Excise Duty' 'importation of Tobacco' 'possession of Tobacco With Intent to Defraud Revenue' 'parity in Sentencing' 'mitigation for Cooperation and Contrition']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for possession of tobacco products knowingly imported with intent to defraud revenue' 'Consideration of parity in sentencing with co-accused' 'Weight to be given to utilitarian value of guilty plea and cooperation with authorities' "Assessment of moral culpability given offender's role and motivation" 'Applicability of Intensive Correction Order']

Ratio Decidendi

Jingyu Li, having pleaded guilty to possessing tobacco products knowing the goods were imported with intent to defraud the revenue and having cooperated with authorities as a witness of truth, and assessed as a worker/labourer under direction with modest financial gain, is sentenced to 18 months imprisonment to be served by way of Intensive Correction Order, recognising a combined discount of 35% for plea and cooperation, in light of parity, the low risk of reoffending, contrition, and excellent prospects of rehabilitation.

Court Disposition

Sentence of imprisonment for 18 months to be served by way of Intensive Correction Order.

Orders

  • ['Offender is convicted and sentenced to 18 months imprisonment by way of Intensive Correction Order commencing 26 July 2019.' 'Offender to report to Community Corrections office at Burwood on 29 July 2019 at 9.30 am.' 'Standard conditions: not to commit any offence, submit to supervision by Community Corrections...