R v Le; R v Chanthavong [2020] NSWDC 625

R v Le; R v Chanthavong [2020] NSWDC 625

Both offenders pleaded guilty at first opportunity, are of good character with genuine remorse, and have good prospects of rehabilitation. Objective seriousness is at the lower end due to their roles and circumstances. Sentences of imprisonment imposed, partially suspended after specified periods; orders for self-recognisance, forfeiture, and supervision.

Parties
Prosecution: Regina (Commonwealth Crown); Offender: Son Le; Offender: Adam Chanthavong
Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Criminal / Sentence
Outcome
Offenders sentenced to imprisonment, sentences partially suspended after specified terms served; immediate release ordered with conditions.
Legal Topics
Aiding and Abetting, Importation of Commercial Quantity of Border Controlled Drug, Sentence
Criminal Law Aiding and Abetting Importation of Commercial Quantity of Border Controlled Drug Sentence

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Parties

Regina (Commonwealth Crown)

Prosecution

Son Le

Offender

Adam Chanthavong

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the offenders aided and abetted the importation of a commercial quantity of a border controlled drug
  2. 2 Appropriate sentence given their roles, age, character, and plea

Ratio Decidendi

Both offenders pleaded guilty at first opportunity, are of good character with genuine remorse, and have good prospects of rehabilitation. Objective seriousness is at the lower end due to their roles and circumstances. Sentences of imprisonment imposed, partially suspended after specified periods; orders for self-recognisance, forfeiture, and supervision.

Court Disposition

Offenders sentenced to imprisonment, sentences partially suspended after specified terms served; immediate release ordered with conditions.

Orders

  • Son Le: term of imprisonment of 3 years, partially suspended after 1 year 7 months served; enter self-recognisance without security and forfeit $500; period of supervision of 1 year 5 months; report to Liverpool Community Corrections within 24 hours of release.
  • Adam Chanthavong: term of imprisonment of 2 years 7 months, partially suspended after 1 year 2 months served; enter self-recognisance without security and forfeit $500; period of supervision of 1 year 5 months; report to Fairfield Community Corrections within 24 hours of release.