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R v Shahudin [2021] NSWDC 163

The offender was sentenced following a plea of guilty of 1 count of producing tobacco leaf of 500 kilograms or above contrary to s 308-125 of the Taxation Administration Act 1953 (Cth). Offence related to more than 2000kg of tobacco leaf.  

Nature and Circumstances: Offender was offered a job through a person described as an ‘agent’ on a WhatsApp forum. Job involved offender working on a tobacco plantation. Offender was unaware that tobacco growing was an illegal enterprise. Plantation was already ata an advanced stage when he arrived there. Offender worked there for three weeks until they were caught by police. It was at that time offender first realised there was something wrong. Offender is diligent and industrious young person who was unwittingly drawn into illegal work because of their poor English and unfamiliarity with Australian laws and customs.  

Deportation: Offender is remorseful for participation. Offender expressed hopes to remain in the country to pursue employment and further study. Offender is on criminal justice visa which may lead to them being deported but that is not a matter that can be taken into account in the sentencing process.  

Offender released on recognisance release order for 12 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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