Site Logo

DPP (Cth) v Ooi [2019] VCC 156

sentence — importing a marketable quantity of a border-controlled drug, namely heroin offence contrary to s 307.2(1) of Commonwealth Criminal Code — offence related to importation of 244 grams of pure heroin — offender part of syndicate with two other co-offenders — offender’s family and dependants — s 16A(2)(p) — offender’s wife is primary carer of all three children with only one relative in Australia who lives in Queensland — wife able to work part time when her mother assists her — mother lives in Vietnam and travels to Australia on a tourist visa but only able to stay for up to 3 months because of visa restrictions — sentencing judge took into account effect on offender of hardship caused to others by reason of offender’s imprisonment and imprisonment will be more burdensome for offender because of anguish offender will suffer at being unable to care for their family — deportation — having regard to offender’s migration status a term of imprisonment greater than 12 months will mean that offender will face mandatory cancellation of their visa with prospect of deportation being a real likelihood — whilst it is accepted that the court cannot speculate about whether the Minister will revoke the cancellation order, the real prospect of deportation is a relevant sentencing consideration on the basis of the additional anxiety that offender will suffer whilst undergoing term of imprisonment due to the existence of the risk of deportation — sentence imposed 3 years’ imprisonment to be released on a recognisance release order after serving 2 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions