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R v Wong [2023] NSWDC 173

The offender was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of an unlawfully imported border controlled drug contrary to ss 11.1(1) and 307.6(1) of the Commonwealth Criminal Code. Offending related to 840.8 grams of pure ketamine.

Nature and Circumstances: The weight of the drugs was significant being more than 280 times the marketable quantity and approaching the commercial quantity. The drugs had a high degree of purity at 85.5%. The offence was motivated by financial reward. Offender knew that they were in a joint enterprise involved in the importation of border controlled drugs.

Deterrence: General deterrence is a fundamental consideration in serious drug offences. There is also a need for specific deterrence. Offender has another conviction for supplying a prohibited drug. They do not have a mental condition or addiction. Offender continues to be unemployed and funded by their mother. They do not seem to have many protective links to the community. There are risks of them reoffending in pursuit of financial reward.

Rehabilitation: Offender has not taken responsibility for their actions. They made untrue representations to the police. There is no evidence that the offender is contrite, but their plea indicates some remorse. Offender is young and that supports greater weight being placed on rehabilitation. In their current circumstances, offender would benefit from a lengthy period of supervision to assist them to lead a productive, prosocial life.

Offender sentenced to 3 years imprisonment to be released after 19 months and 11 days on recognisance of $1,000 to be of good behaviour for 3 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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