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R v Fu [2022] NSWDC 381

The offender was sentenced following a plea of guilty to 1 count of importing a commercial quantity of border-controlled drugs jointly with others contrary to ss 11.2A(1), 307.1(1) and s 311.4(1) of the Commonwealth Criminal Code. Additional proceeds of crime offence taken into account under s 16BA. Offender also sentenced for a State offence. Offending related to 249 grams of pure heroin, 500 grams of methamphetamine of unknown purity, and 7,970 grams of pure ketamine.

Nature and Circumstances: Offender was responsible for taking delivery of packages and passing them on to others. Offender was directed by others. Offender was in communication with both Wong and S as to the progress of deliveries and the provision of names and addresses. Offender knew that the packages contained drugs but did not know the precise quantity or purity of drugs. Offender played an intermediate role in the organisation. Offending was planned, premeditated and persistent over a period of time. Quantity of drugs was substantially above the commercial threshold. Offender committed the offences for financial gain.

Age: Offender was 18 at the time of offending and psychologically immature. Offender was brought up in strict and harsh conditions in which they were deprived of autonomy, love and a fatherly role model, which was followed by financial, social, developmental and emotional deprivation involved in adapting to a new life in a foreign country with a different language, culture and legal system, as a teenager. Offender was expected to fend for themselves at age 15 when they came to Australia. Offender’s immaturity led to poor judgement and decision-making and allowed them to be taken advantage of by others. Offender was not fully aware of the consequences of their actions which was a significant factor in the commission of the offences and accordingly their culpability is reduced. General deterrence, retribution and denunciation should be afforded less weight, and greater weight should be placed on rehabilitation.

Rehabilitation: Offender has strong prospects of rehabilitation. Offender has expressed remorse, accepted responsibility for their actions and is genuinely contrite. Offender has used their time productively in custody working and making plans for the future. Offender has strong social support in China and intends to return to pursue a career. Offender’s mental condition can be improved by psychological counselling to address the issues relating to their childhood. Offender has demonstrated by their behaviour in custody that they have the capacity to reform and mould their character to conform with social norms.

Offender sentenced to 6 years imprisonment with a non-parole period of 3 years for Federal offence.
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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