53 I accept that there is no evidence that until shortly prior to the importation occurring you had precise knowledge of the actual weight of the heroin to be imported. There is no evidence that you had any basis for knowing the level of purity of such heroin. However, on any view, as Mr Georgiou concedes, there can be no doubt that you knew that the quantity to be imported was substantial. You hired a Tarago van for the purpose of assisting in the importation of the heroin. You gave consideration to whether there was sufficient room in hired vehicles to carry the heroin. You knew that there were to be six packages. The evidence establishes beyond reasonable doubt that you knew well before the date of the actual importation that the heroin was to be brought to Victoria by means of a ship and there can be no doubt that you were aware in all of the circumstances that the shipment would be a substantial one. Accordingly, as the prosecution submits, the part played by you in aiding and abetting the importation of a large quantity of heroin into Australia was significant and thus your offence is serious indeed.
54 There are, however, a number of mitigating factors which I must take into account. The first of those matters is that you have pleaded guilty. Mr Georgiou relies upon that matter in two ways. First, he relies upon it as being a relevant matter under s.16A(2)(f) of the Crimes Act 1914 (Cth) as a demonstration of contrition for the offence. He also relies upon the matter as being relevant under s.16A(2)(g) of the Act. I accept the submission that the plea of guilty made by you in all the circumstances of this case is a matter of significance. Whilst it is true that the evidence against you is overwhelming, and whilst it cannot be said that your plea was entered at the first possible opportunity, nevertheless it is a matter of considerable significance that you have accepted your responsibility for the part played by you in aiding and abetting this importation of heroin. I am informed by Mr Georgiou that as long ago as August of last year you, through those advising you, indicated a preparedness to discuss with the prosecution acceptance of a degree of responsibility for the offence. The commencement of the trial before a jury is still some time away. Indeed, your plea has been entered prior to the handing down of a number of pre-trial rulings which would have affected your case.
55 There is no doubt that by your plea a considerable amount of time and inconvenience has been saved. Put together with statements made by you to psychologist, Mr Crewdson, to the effect that you suffer from guilt and recognise your "stupidity", I accept that in addition your plea does reflect an element of remorse and contrition on your part for your conduct. In addition to the utilitarian value of your plea and such contrition as it demonstrates, there is the further aspect of public policy that your plea should be seen generally as encouragement to guilty persons to plead to their crimes.[8] Taking into account the seriousness of the case against you this matter should not be underestimated. For those reasons you are entitled to a substantial and transparent discount on the sentence which I would otherwise have imposed upon you had you been found guilty at the end of what on any view would have been a long and complex trial.
56 I have been told something of your history and your circumstances. You were born on 1 January 1958 in Kuala Lumpur. You are aged 47 years. You are married, and together with your wife you have a young son who is aged six years, having been born in September 1998. Your wife lives in the United States where she is employed as a waitress, having taken up residence there in the year 2000. Your son lives in Kuala Lumpur in the care of your sister and your parents. Your family are of Chinese descent. Your father has worked most of his life as a shoe salesman and your mother was a tailor before her marriage. Your parents are elderly and in poor health. They are unaware of your present circumstances. Because of shame you have not told them of your situation. They believe that you are working in Australia. As Mr Georgiou submits, it is unlikely that you will ever see your parents again because of the sentence which must be imposed upon you. You are the youngest of four children. Your sister, who is aged 49, is married with five children of her own and in addition cares for your son. She is engaged in full-time care of the family, her husband being employed as a delivery driver.
57 I am informed by Mr Georgiou that you, being the only son in your family, have been expected to play a significant role in providing for your immediate and extended family. Your education was limited, you having undertaken eight years of schooling before leaving at the age of 15. You have been employed in retail outlets selling clothes and electrical goods. You have worked on a rubber plantation for some four or five years, initially as a labourer and then as a supervisor. I am informed that you have almost always been in employment.
58 You left Malaysia in 1985 to go to the United States in an endeavour to find better paid work and to improve your financial situation and that of your family. In the United States you obtained work with a restaurant, undertaking deliveries and waitering. You worked six days a week, many of those days for up to 12 hours and more. Your income depended upon tips and you were earning between $2,000 and $3,000 net per month with your food and board being provided by your employer. During this time you met your wife and after ten years in the United States you returned to Malaysia and married her. I am informed that during your ten year period in the United States you saved approximately US$75,000 most of which was sent back to Malaysia.
59 Upon your return to Malaysia you invested much of your savings in setting up a business as a rubber and wood agent. That business survived for four or five years but collapsed in the year 2000. Your counsel informs me that the loss of your business left you with a number of debts which caused financial pressure within your family. It was for that reason that your wife returned to the United States in order to find work which would provide a better income than she was able to earn in Malaysia. You engaged in buying and selling clothes in market stalls but at the same time you engaged in gambling which you saw as a route to solving your financial difficulties. As is often the case, the gambling exacerbated your financial difficulties. Your counsel informs me that his instructions are that you took to borrowing money and ultimately you obtained a loan in an amount of US$20,000 from a person who was described by your counsel as a "loan shark". This loan required payment of interest at 15% per month. I am informed by your counsel that you were unable to keep up with the interest and capital repayments and a proposal was put to you that would see the debt forgiven if you were to assist in what turned out to be the importation of drugs into Australia. As I have said, your counsel upon instruction from you informs that that in addition to forgiveness of the debt, you were led to believe that you would be paid approximately US$80,000 for your participation in the enterprise.
60 You have no prior convictions. A report from Mr Michael Crewdson, psychologist, who saw you at Port Phillip Prison on 31 January 2005 has been tendered before me. The report recites the history referred to above. You suffer no psychological or intellectual impairment. However, you are at present, depressed and suffering from anxiety. As stated above, you conceded to Mr Crewdson that your actions were wrong and, in your own words "stupid". In addition, a number of certificates in relation to programs undertaken by you at Port Phillip Prison were tendered before me. Those demonstrate that you have undertaken the Indo-Chinese Alcohol and Drug Education course, occupational programs, ceramics and general education in English. Those certificates demonstrate that you are enthusiastic, conscientious and positive as a student in such programs.
61 I accept that imprisonment for you will be more difficult and isolating than for other prisoners. Your age is such that you will be of a relatively advanced age before you may be released. I accept in terms of s.16A(2)(p) of the Crimes Act that the separation from your wife and your young son will be difficult for them and, of course, difficult for you as well. Further, as Mr Georgiou contends, by reason of their age, you may well never see your parents again. You are from a foreign country and speak a foreign language and will be isolated from your culture. However, this must be a matter of limited weight. The fact is that you came here to assist in the commission of an extremely serious crime. In return for a substantial sum of money you were prepared to take the risk of apprehension. The inevitable consequence of that is that you, as you must have anticipated, will now be incarcerated in circumstances which will cause you some isolation.
62 The progress you have made in prison in terms of your studies and the fact that you have not been involved in criminal matters before, except for the matter with which I am concerned, point towards a positive prognosis for rehabilitation. In addition, I accept that taking into account the consequences which will flow from your conduct on this occasion, the prospects of your not re-offending are good. Nevertheless as well as matters personal to you such as the chances of your rehabilitation I must, amongst other things, take into account the issue of general deterrence. It is a matter of paramount significance in this case.
63 This is a serious example of a grave crime. To have been involved at the level that you were, in the largest importation of heroin ever detected in this State, and one of the largest ever detected in Australia, calls for severe punishment. The issue of general deterrence is of great significance in the determination of the appropriate sentence to be imposed upon you. Those who see fit to take the risk of playing a part in the importation of heroin into this country must have no expectation other than that the consequences of engaging in such enterprises will be severe. As the Victorian Court of Appeal said in R v Soo Su[9]