DPP v Horvath [2025] VCC 1627

1. The circumstances of your offending are set out in a Summary of Prosecution Opening dated 23 October 2025.[1] At about 9.30 am on Wednesday 17 December 2024 you arrived at Melbourne Airport from Los Angeles using a Hungarian passport. At 9.58 am you could be seen obtaining the purple check-in luggage from a luggage carousel. You were stopped by Customs five minutes later and directed to participate in a baggage examination at which time you confirmed you had packed the suitcase yourself. During the examination, three separate boxes with the branding 'Looy Organic Wild Blueberry' were located. Clothing items had been placed in and around the boxes to conceal them.
2. Australian Border Force examined the boxes revealing multiple packages inside each box and within each packet a crystalline white substance. Presumptive testing of the substance returned a positive reading for methamphetamine. You advised the examination officer that you were to deliver the boxes to an individual named 'Andrew'[2] who you had met in America. You said that you had told him not to give you drugs as it would ruin your modelling career. Border Force Officers then took possession of the three boxes which again returned positive results for methamphetamine. You were then questioned further by Officers as to whether you knew what the substance was and you responded, 'I know now that it is meth'.
3. You were taken for an interview to continue the baggage examination where you told officers:

(a) you were intending to stay at the Quest Hotel nearby to Melbourne Airport;

(b) you did not have a set date for departure from Australia;

(c) you received the luggage from another individual and you packed your belongings inside; you did not know what was contained inside the boxes;

(d) you were intending to meet somebody called Andrew at the Quest Hotel.

1. Following attendance by the Australian Federal Police at Melbourne Airport you were arrested and participated in a Record of Interview during which time you made the following admissions.

(a) You had met an individual named 'Zac' four months prior at a party in Hong Kong.

(b) When he learned that you had a Hungarian passport he queried whether you were interested in conveying items.

(c) You eventually agreed to the offer and you were to be paid US$9,000 for delivery.

(d) You were to travel from China to Los Angeles prior to the delivery to Australia. Your flights and accommodation were to be paid for by Zac and another person called Jayden.

(e) Once you arrived in Los Angeles you were contacted by a male named Andrew over Instagram. It is alleged that Andrew is a co-offender, Andrew

Rodrigo.

(f) When you met with Mr Rodrigo you were informed that another individual would provide the items to you which you would be required to transport to Australia.

(g) A few hours prior to your flight to Australia you met with Jayden and he gave you a suitcase that was half full. You placed your personal belongings in the other half of the suitcase.

(h) Upon landing in Australia you were to meet Andrew at the Quest Hotel in Melbourne.

1. Following the Record of Interview you were charged with this offending.
2. CCTV obtained by investigators at the Melbourne Arrivals Hall depicts

Mr Rodrigo walking between Terminal 1 and Terminal 2 areas at around midday on 17 December. It is alleged he attended in the area in an attempt to locate you following your failure to answer his phone call.[3] 3. The total weight of the methamphetamine was 8.4005 kilograms with a purity of 80.3 per cent resulting in a total pure weight of 6.75 kilograms. 4. Further investigations revealed that you had arrived in Los Angeles on 8 December 2024 and you were contacted by Mr Rodrigo who then collected you from Los Angeles Airport and you both travelled to the Sheraton Hotel. During the car ride you advised Mr Rodrigo that you would be transporting wine and watches for the syndicate and you were to be paid US$9,000. You were advised by Mr Rodrigo that transporting the suitcase would not be safe, but he did not explicitly say that it would contain a border controlled substance. 5. Digital forensic analysis of your mobile phone revealed a series of relevant conversations and media which pertained to the importation including:[4]

(a) a conversation on 27 November 2024 with an Instagram user abc_richiee (also known as Zac) where the pair of you discussed booking you an airplane ticket from Shanghai to Los Angeles. Zac routinely questioned when you could travel and confirmed that the job would pay US$9,500.

(b) On 5 December 2024 you advised Zac that your employer was holding your Hungarian passport and would only return it if you paid HK$15,500. Zac confirmed that he would organise the payment for release of the passport stressing the importance of you being able to take the flight to Los Angeles.

(c) On 6 December 2024 you advised Zac that your flight would need to be changed to the next day as you had not prepared the correct US entry documentation and Zac confirmed that he would pay for the flight change.

(d) On 7 December 2024 you confirmed to Zac that you had boarded the flight from Shanghai to Hong Kong and then to Los Angeles and you provided photo documentation of yourself boarding the flight at Zac's request.

(e) You remained in contact with Mr Rodrigo between 9 and 10 December relating primarily to obtaining funding for food, accommodation and travel.

(f) On 12 December you had questioned whether Zac could provide additional funding for food and accommodation stating that you had 'risked everything on this job'.

(g) On 13 December Mr Rodrigo questioned when you would be arriving into Australia and when you confirmed that you were not certain, he told you that he must remain in Australia until your arrival.

(h) On 14 December you had a conversation with an Instagram user 'wavywavybaby' also known as Jayden. During this conversation Jayden advised you that he would buy you a new suitcase to ensure that the 'customer' did not see the broken wheel on your suitcase that you had in your possession. On 14 December you continued this conversation with Jayden providing personal information to assist Jayden in booking flights and accommodation.

(i) On 15 December 2024 you continued speaking with Jayden questioning how many kilograms the suitcase is stating 'I feel like it's 30 kilograms '. It is then alleged that these messages were transmitted following you receiving the suitcase with the border controlled drugs inserted. Shortly thereafter, Jayden requested a photograph of the suitcase being checked into the flight to confirm that you had not stolen it.

(j) When you arrived at Los Angeles you advised Jayden that the bag was 5 kilograms overweight, that you did not have the funds for additional checked luggage, and in response Jayden sent 39 messages to you reiterating the importance of checking in the bag on time, and to do whatever it takes.

(k) When you stated that you had not received any money to pay for extra baggage Jayden advised you to dump your clothes at the airport and that he would come and collect them later. You then sent a video of the suitcase being checked in advising that you had thrown away your hairdryer and a pair of pants. Jayden then provided instructions on how to fill in the Australian Customs Declaration Form advising you to check 'No' for each box.

(l) You then sent multiple images to Zac confirming that you had checked in the suitcase and boarded the flight to Australia. You then advised

Mr Rodrigo that you would be arriving on 17 December and then upon arrival you advised him of same.

1. You were charged at a filing hearing on 18 December 2024 and you have been in custody since then.
2. You come before the Court with no prior criminal history.[5]

1. As this charge is a Commonwealth offence, you fall to be sentenced in accordance with Part 1B of the Crimes Act 1914 (Cth) ('the Act'). Accordingly, I am required to have regard to a number of matters which are set out in s16A(2) of that Act to the extent that they are relevant and known to the court, and I do so, as I will elaborate. One of these factors is your personal circumstances.[6]

1. You are currently 26 years of age. You were born and raised in Hungary and are the younger of two children from your parents' marriage. You also have a younger half-brother.[8]
2. Your childhood memories are reportedly marred by the death of your mother when you were five years old. She died from brain cancer at the age of 24 after a two year illness. During her illness your family moved in with your grandparents so that they could help care for her. Following her death, it was very difficult for you to be raised without your mother.[9] Your grandmother was the main source of your emotional support. She has had a significant influence on your life and her recent death caused you enormous grief. [10]
3. Your father practiced a very conservative form of Christianity and placed very strict behavioural controls on you and your older sister. You have described your father as being quite detached and note that personal issues were very rarely discussed.[11]
4. Your father remarried and your stepmother was extremely strict and controlling. This culminated in incidents of verbal abuse and corporal punishment. You could not wait to move out of home at the age of 20 years. You have since renounced your father's religion which has created further distance between the two of you.[12]
5. You have a closer relationship with your older sister. She has reportedly always attempted to assist you with your personal issues. You have only ever had a superficial connection with your younger half-brother.[13]
6. You developed a close relationship with an older woman Ildiko when you were 17 years old. You described her as a mother type figure in life and she has often provided you with accommodation, money and assisted you to find employment. Your family are reportedly aware of your legal situation.[14]
7. You have had further conflict with your father and stepmother when you were 19 years old when you were in a relationship with a female for two years. They disapproved of this relationship because she was not part of your religion. This ultimately led to the separation between you and your partner. You are currently single.[15]
8. Your older sister and your close friendship with Ildiko remain your primary sources of support now that your grandmother has passed away.[16]
9. You completed your secondary schooling in Hungary reportedly with no significant learning or behavioural problems. After leaving high school you worked in an office and then in patient transport in a local hospital. During COVID this required you to wear full PPE and you worked long shifts, finding the work challenging at times. You then obtained employment at a five-star resort in Austria where you worked for two years before deciding to pursue a career in modelling. You were mainly involved in fashion modelling and gained short term contracts for work in Korea, Hong Kong and China. A significant recent contract was in Beijing and you would often do promotional work in between modelling.[17]
10. You moved to Hong Kong and the work was more sporadic. Your living expenses were high. It was whilst living there that you met the people involved in this importation. You then returned to China but planned to return to Hungary. It was during this time you encountered difficulties with your employer in Shanghai and it was during this time that you were contacted by Zac about the job. At this stage you had about US$500 in your bank account. Shortly prior to your arrest you had been offered a modelling contract in Italy, but you were unsure if you were going to accept the offer as you could not afford the expense of residing in Milan.
11. Whilst living in China you met a woman with whom you began a relationship in March 2024. The relationship ended when you were arrested and you have not heard from her.
12. A psychological report prepared by Matthew Barth dated 17 October 2025 was tendered on your plea. According to what you told Mr Barth, you began drinking alcohol when you were 15 years old and this steadily increased throughout your teens and you began binge drinking heavily on the weekend. Drinking provided you with an increased sense of confidence at social events to help cope with stress. Your drinking escalated markedly in 2024, and you began to use it as a way of dealing with increasing social demands of your work. You were drinking heavily three to four times per week which exacerbated your personal and financial problems. This pattern of alcohol consumption continued up until your arrest. You have had a problematic period of using cannabis during your mid-teens but significantly reduced cannabis use from about the age of 16. You have on one occasion used ecstasy.[18]
13. You have described self-esteem issues since your childhood years recalling feeling insecure and experiencing self-doubt due to the conflicted relationship with your parents. You often felt sad and rejected and occasionally self-harmed. Your self-esteem issues continued to impact you at various times throughout your adult years, particularly due to your employment and financial problems. You have been reluctant to pursue assistance from mental health professionals.[19]
14. You have used your time in custody productively completing several courses. You are currently undertaking a course in civil construction and you have long term ambitions of returning to modelling.[20]
15. You have described an intense emotional reaction to the aftermath of being charged and placed on remand. The stress of your legal situation has contributed to your sense of shame and disillusionment. You have experienced periods of transient suicidal ideation. Your moods have apparently stabilised although you have found it very difficult to adjust to the custodial environment. [21]
16. You explained to psychologist Matthew Barth that you had met a man called Zac whilst you were working in China and he offered you US$9,000 to transport watches to Melbourne. You said that at this point you were stressed out about having no money and that you could not go to Milan for your career, although you initially refused Zac's offer, you ultimately agreed because you were broke and needed money. Zac organised for you to fly to Los Angeles to meet Andrew and the transportation of the watches was organised including your flights to Melbourne. Another man reportedly packed your suitcase and you claim that you were unaware that the drugs were concealed in the boxes. You claim that the first time you became aware that there was methamphetamine in the suitcase was upon your arrest at Melbourne. You have expressed remorse for your offending stating 'I feel so stupid, drugs are bad, I feel sorry about this. I don't want to poison another country (with drugs)'.[22]
17. It is the opinion of Dr Barth that given your history you would have previously met the criteria for Alcohol Use Disorder which would currently be specified as in remission in a controlled environment. You have reportedly expressed a strong motivation to commit to concerted alcohol treatment. Your moods having stabilised are not sufficiently severe for you to meet the criteria for any mental disorder. You are not said to be suffering from an Adjustment Disorder, Anxiety Related Disorder or Mood Disorder however, it is the recommendation of Dr Barth that when considering your limited coping skills and imprisonment in a foreign country, that you should be provided with psychological treatment to stabilise your symptoms in the long term.[23]

1. As a foreign national, who came to Australia for the purpose of committing this offence, with the intention of leaving the country thereafter, little or no weight arises from the inevitability of your sentence being served here, away from your family and friends.[24] However, I recognise that you will have few, if any visitors, and your period of imprisonment with thus have an added degree of burden as opposed to the ordinary prisoner. Furthermore the language difficulties have made it more challenging for you to complete various courses in custody. Communication with family and friends overseas has been difficult and expensive to arrange. More recently, you have had difficulties getting through to Ildiko and you have had no contact with your former girlfriend as police have your phone and you do not know how to contact her.[25] The fact of the burden of being in custody is a matter I take into account however given that you travelled to this country for the sole purpose of committing this offence, I do not give it enormous weight in the circumstances.[26]
2. Your counsel does not submit that the prospect of deportation will weigh heavily upon you in the sense of a lost opportunity to settle in Australia but rather the stigma associated with deportation may have an impact on your ability to travel to certain countries. I accept that this may be so.[27]
3. Sadly you were in custody when your grandmother passed away and you missed her funeral. Despite efforts to arrange a live link to watch the funeral, this was unable to be arranged, and you were unable to watch or participate.[28]
4. A number of character references have been tendered on your behalf.[29] You are described as kind, reliable and a thoughtful individual by your friends. Your former employer describes that you have demonstrated honesty, humility and respect towards others, and that you were known within the modelling industry for your professionalism and discipline. You have expressed your remorse to your employer. I take these matters into account.

1. I take into account your plea of guilty. [30] You entered this at an early stage and accordingly, you are entitled to a discount. You have accepted responsibility for your conduct, and in doing so you have saved the community the significant expense of a trial. Your plea has a utilitarian value and demonstrates a willingness to facilitate the course of justice. It is also reflective of your remorse.
2. You were relatively forthcoming to investigators. Your admissions ultimately led to the apprehension of a co-accused. I have been advised by the prosecution that he is a child and so issues of parity have not been raised on the plea.

1. I accept that you are remorseful.[32] You have expressed your shame and remorse for this offending and have taken responsibility, acknowledging the gravity of your behaviour. You come before the court with no prior criminal history and you are still relatively young being only 26 years of age- a matter I take into account. There is thus great scope for you to be rehabilitated and you have already demonstrated this by undertaking courses whilst in custody. I find that you have strong prospects of rehabilitation.

Crimes Act 1914

1. As I have noted, you fall to be sentenced in accordance with the Crimes Act 1914 (Cth). Section 16A(1) of that Act requires me to impose a sentence that is of a severity appropriate to all of the circumstances of the offence.
2. Pursuant to s16A(1) of the Act, the court shall not pass a sentence of imprisonment for a Federal offence unless having considered all of the available sentences, it is satisfied that no other sentence is appropriate in the circumstances. Given the gravity of the offending, both parties agree that no other sentence but a term of imprisonment, is appropriate here. As indicated, I have had regard to the matters set out in s16A(2) of the Act.

1. In accordance with s16A(2)(a), I must take into account the nature and circumstances of the offending.[33] In doing this, I must assess your level of criminality.
2. The offending here is inherently very serious as is reflected by the maximum penalty applicable. Higher courts in AustraliaEr have emphasised often enough that those who engage in offending involving commercial quantities of unlawfully imported border-controlled drugs must expect to receive significant punishment.
3. I have had regard to the principles summarised in the Victorian Court of Appeal decision in Nguyen & Phommalysack v The Queen[34] previously distilled in the New South Wales decision in The Queen v Nguyen & Pham.[35]
4. In accordance with these principles, the quantity of the illegal drug involved is a highly relevant factor in determining the objective seriousness of the offence and is often the main factor available to assess comparative seriousness of criminality. In this case, the quantity of drugs, being 9 times the commercial quantity, makes the offending relatively serious. The prosecution accepts that you were reckless as to the suitcase containing a border-controlled substance.[36] That is you were reckless as the real and substantial risk that the suitcase contained methamphetamine and that it was unjustifiable to take that risk. The prosecution accept there is no evidence that you had knowledge of the weight of the drugs.
5. A further consideration pursuant to the principles in Nguyen & Phommalysack, includes the role that you played and the activities that you undertook. You were offered an opportunity to engage with the syndicate in December 2024 via an associate. You were to be paid approximately US$9000 to bring the suitcase from Los Angeles. The incidental costs of your travel between Hong Kong, LA and Australia were to be covered by the syndicate. Other arrangements were made by the syndicate to pay for your employer to release your passport, arrange flights, pay for your hotel in the USA and the purchase of a new suitcase. You complied with the directions given to you in terms of packing the case with your belongings and making sure it met the weight requirements as to ensure it was checked in on time The prosecution accepts that you were at the lowest level of the criminal organisation.[37]
6. You carried a substantial level of risk and the reward offered was likely minimal in comparison to the total value of the substance imported. However as the prosecution have pointed out, your role was instrumental in the success of the importation. Your role was not a transient or menial one and as I have said, you carried a degree of responsibility. I accept that you played a trusted and important role, albeit that it was fairly unsophisticated.
7. I accept that the evidence does not establish that you expected to receive any share of the profits of the enterprise. However clearly you did so for financial reward. Without people like yourself, being prepared to undertake tasks involved in the facilitation of this importation, these sorts of ventures would not be as efficiently carried out.
8. As a first time offender, this is a matter I must take into account. However this is generally given less weight in offences of this nature, but it is still a relevant consideration.

1. I have had regard to current sentencing practices. However, this is only one factor and not the controlling factor in the fixing of a just sentence. As the High Court set out in The Queen v Pham,[38] when sentencing for a Commonwealth offence, I must have regard to sentences that have been imposed in other States and territories.
2. A table was tendered by the prosecution which summarised cases involving sentences for Federal drug offending concerning commercial quantities of border controlled drugs. The prosecution submits that these cases provide guidance as to the application of relevant sentencing principles and whilst are not truly comparable they provide insight into sentencing for varying amounts of substances and the roles played by those individuals. I have had regard to that table and to each of the cases referred to therein.
3. Similarly, your counsel has provided the Court with cases said to be comparable to the offending here both with respect to the age of the offenders and the quantity of drug involved. I have had regard to these cases.

1. Given the seriousness of the offending, general deterrence assumes prominence in the sentencing exercise. This is prescribed in s16A(2)(ja) of the Crimes Act (Cth) 1914. Offences of this nature are often difficult to detect, and the great harm that such drugs can cause within the community is well-known. As the Court said in Nguyen & Phommalysack 'general deterrence is to be given chief weight on sentence and stern punishment will be warranted in almost every case.'[39]
2. The sentence 'must signal to would be drug traffickers that the potential financial rewards to be gained from such activities are neutralised by the risk of severe punishment.'[40]
3. The sentence that I impose must reflect the significant punishment that is to be expected by people who participate in enterprises such as this.
4. I have accepted that you have strong prospects of rehabilitation and as I have already recognised you have made extensive efforts to date, but this is not the only sentencing consideration. The offending here was serious and the court denounces your conduct.

1. In formulating an appropriate sentence, I have had regard to each of the matters discussed, the relevant provisions of s16A(2) as well as the need to impose a sentence that is just in all of the circumstances.[41] Could you stand up please, Mr Horvath.

1. On the charge of importing a commercial quantity of a border controlled drug, namely methamphetamine, you are convicted and sentenced to seven years and six months' imprisonment. That sentence commences today.
2. I order that you serve a period of four years before becoming eligible for parole.

1. I declare 324 days pre-sentence detention to be reckoned as served on the sentence that I have imposed and deducted administratively, and order that this be noted in the records of the court. So just for the purposes of the interpreter, the sentence imposed is a sentence of seven years and six months' imprisonment and that Mr Horvath serve a period of four years before becoming eligible for parole. That sentence will commence today.

1. I indicate that but for your plea of guilty, I would have sentenced you to nine years' imprisonment with a non-parole period of five years and eight months.

[1] Amended Summary of Prosecution Opening for Plea dated 23 October 2025 ('Exhibit A').

[6] Crimes Act 1914 (Cth) s16A(2)(m).

[7] Psychological Assessment of Dr Mathew Barth dated 17 October 2025 ('Exhibit 2').

[24] Cappis v R [2015] NSWCCA 138; DPP (Cth) v Peng [2014] VSCA 128.

[25] Defence Plea Submissions dated 28 October 2025 ('Exhibit 1').

[26] DPP (Cth) v Estrada [2015] VSCA 22.

[29] Bundle of Character References for the Accused authored by Szyani Ilona Maria and Noemi Szekely and Bartoz Radziwinski dated 27 October 2025 & authored by Ildiko Lovasz dated 30 September 2025 ('Exhibit 3').

[30] Crimes Act 1914 (Cth) s16A(2)(g).

[31] Crimes Act 1914 (Cth) s16A(2)(n).

[32] Ibid s16A(2)(f)(ii).

[33] Crimes Act 1914 (Cth).

[34] Nguyen & Phommalysack [2011] VSCA 32.

[35] [2010] NSWCCA 238.

[36] Prosecution Written Outline of Submissions on Plea dated 24 October 2025 ('Exhibit B').

[38] [2015] HCA 39.

[39] [2011] VSCA 32 [34].

[40] Nguyen & Phommalysack [2011] VSCA 32 [34].

[41] Crimes Act 1914 (Cth) s16A(k).