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CDPP v Lin [2022] VCC 1099

The offender was sentenced following a plea of guilty to 1 count of importing tobacco products with the intention of defrauding the revenue contrary to s 233BABAD(1) of the Customs Act 1901 (Cth).

Nature and Circumstances: Offending is a rolled-up charge involving four discrete importations of tobacco over an extended period between July 2020 and March 2021. The amount of revenue defrauded was significant, some $5.47 million. Scale of the enterprise was substantial, involving 3,413 kilograms of tobacco and 388,400 cigarettes imported. Loss to the revenue has not been repaid. Offending was relatively sophisticated and involved false names, multiple telephones and delivery addresses. Offender persisted with their third and fourth importations despite being on notice. Moral culpability is high. Offender was not the mastermind of the enterprise but played a central and prominent role in this offending. Offender was involved in each of the importations, collecting or attempting to take possession of each importation.

Contrition: Offender’s persistence in the offending despite the seizure notice and arrest, and their lies during the police evidence, evidence no remorse. Offender’s plea of guilty does demonstrate a degree of remorse.

Offender sentenced to 3 years and 6 months imprisonment with a non-parole period of 2 years and 3 months.
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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