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CDPP v HONG [2023] VCC 1406

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 1 count of conspiracy to import a commercial quantity of a border controlled drug contrary to subsections 11.5(1) and 307.1(1) of the Commonwealth Criminal Code, 1 count of failing to comply with order under section 3LA of the Crimes Act 1914 (Cth) contrary to subsection 3LA(6) of the Crimes Act 1914 (Cth), and 1 count of possessing a controlled drug contrary to subsection 308.1(1) of the Commonwealth Criminal Code. Offending related to 1060.1 grams of pure methamphetamine. Offender also sentenced for state weapon possession offence.

Nature and Circumstances: Features of charge 1 show that it was reasonably sophisticated; that offender was motivated by financial reward; and that their moral culpability is significant. The weight of the drugs involved was not much more than the commercial quantity. Offending sits towards the lower end of the range of offending for conspiracy to import a commercial quantity of a border controlled drug. Charge 2 was a relatively low level example of this kind of offence. Charge 3 is a relatively minor example of the offence of possessing a controlled drug.

Rehabilitation: Offender is a relatively young person with low self-esteem who is vulnerable to being influenced by others. They have no prior convictions and have not offended whilst on bail. If offender remains drug free, and stays away from people involved in illicit drug importation and/or trafficking, they have reasonable prospects of rehabilitation.

Offender sentenced to 7 years of imprisonment with a non-parole period of 4 years.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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