R (Cth) v Jia Li He (No. 3) [2021] NSWDC 770

R (Cth) v Jia Li He (No. 3) [2021] NSWDC 770

Given the seriousness of the offending, scale of evaded duty, principal role of the offender, absence of restitution, absence of special family circumstances, and a late guilty plea warranting 15% discount, a head sentence of two years and 11 months imprisonment is appropriate. An ICO is unavailable. Federal law requires release on recognisance as the imposed term is under three years.

Parties
Prosecutor: Crown (Cth) – Regina; Offender: Jia Li He
Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Sentencing, Possession of Illegally Imported Goods, Tobacco Smuggling, Deterrence
Criminal Law Sentencing Possession of Illegally Imported Goods Tobacco Smuggling Deterrence

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Parties

Crown (Cth) – Regina

Prosecutor

Jia Li He

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for possession of tobacco products knowing they were imported with intent to defraud the revenue contrary to s 233BABAD(2) of the Customs Act 1901 (Cth)?
  2. 2 What discount should be given for a late plea of guilty?
  3. 3 Is an Intensive Corrections Order available in the circumstances?

Ratio Decidendi

Given the seriousness of the offending, scale of evaded duty, principal role of the offender, absence of restitution, absence of special family circumstances, and a late guilty plea warranting 15% discount, a head sentence of two years and 11 months imprisonment is appropriate. An ICO is unavailable. Federal law requires release on recognisance as the imposed term is under three years.

Court Disposition

convicted and sentenced

Orders

  • Conviction on charge contrary to s 233BABAD(2) Customs Act 1901 (Cth)
  • Imprisonment for two years and 11 months commencing 13 October 2021, expiring 12 September 2024