R v Thangavelu [2015] NSWDC 390

R v Thangavelu [2015] NSWDC 390

The offender imported 842 grams of pseudoephedrine, pleaded guilty at the earliest opportunity, had no prior convictions, but prior good character carries less weight for such offences. Sentencing principles require deterrence and adequate punishment; a custodial sentence is mandated. The appropriate sentence, having regard to the facts and comparable cases, is 15 months’ imprisonment with release on recognisance after 11 months.

Parties
Crown: Director of Public Prosecutions (NSW); Offender: Saegar Thangavelu
Jurisdiction
Australia
Judgment Date
05 November 2015
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Convicted and sentenced to imprisonment with release on recognisance
Legal Topics
Sentencing, Importation of Prohibited Goods, Drug Offences
Criminal Law Sentencing Importation of Prohibited Goods Drug Offences

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Parties

Director of Public Prosecutions (NSW)

Crown

Saegar Thangavelu

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 What is the appropriate sentence for importing 842 grams of pseudoephedrine, a Tier 1 prohibited good, into Australia?

Ratio Decidendi

The offender imported 842 grams of pseudoephedrine, pleaded guilty at the earliest opportunity, had no prior convictions, but prior good character carries less weight for such offences. Sentencing principles require deterrence and adequate punishment; a custodial sentence is mandated. The appropriate sentence, having regard to the facts and comparable cases, is 15 months’ imprisonment with release on recognisance after 11 months.

Court Disposition

Convicted and sentenced to imprisonment with release on recognisance

Orders

  • Offender sentenced to imprisonment for a term of one year and three months commencing on 7 November 2014
  • Offender to be released on recognisance in the sum of $500 to be of good behaviour commencing on 7 November 2015