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District Court 16 October 2025

R v SH

[2025] NSWDC 410

Drugs
SENTENCE YOUNG OFFENDER

Citation: R v SH [2025] NSWDC 410
Court: District Court of New South Wales
Date: 16 October 2025
Judge: Mahony SC DCJ

Background

The offender, SH, was born in March 2006 and was 17 years old at the time of the offence. In May 2023, he participated in a controlled operation in which Australian Federal Police substituted methamphetamine (approximately 187 kilograms at 80.3% purity) concealed inside a cast iron pulley. The pulley was delivered to industrial premises at Wetherill Park, where the offender and co-accused attempted to extract the drug over two days.

SH signed the proof of delivery form for the consignment, was present during conversations about opening the pulley, and assisted by bringing fuel cans and a generator to the site. He was arrested on 6 May 2023 in a rental truck parked outside the premises. The Crown could not prove beyond reasonable doubt that he personally operated the cutting equipment used on the pulley.

The offence charged was attempt to possess a commercial quantity of an unlawfully imported border controlled drug, contrary to ss 11.1 and 307.5 of the Criminal Code 1995 (Cth), carrying a maximum penalty of life imprisonment and/or 7,500 penalty units.

  • What sentence was appropriate for a young offender who pleaded guilty to a serious Commonwealth drug offence committed at age 17?
  • How should the court weigh the objective seriousness of the offence against significant subjective mitigating factors, including the offender's youth, background, and rehabilitation?
  • Whether a non-custodial or immediate release order was available and appropriate under s 19AC of the Crimes Act 1914 (Cth), given that s 17A requires a court to be satisfied no other sentence is appropriate before imposing imprisonment for a federal offence.

Decision

Mahony SC DCJ acknowledged the objective gravity of the offence. The drug quantity far exceeded a commercial quantity, the operation was sophisticated, and the offender played an active and knowing role over two days. However, the sentencing judge identified substantial mitigating factors that significantly moderated the sentence.

The offender's youth at the time of the offence was a primary consideration. The court drew on Youth Justice NSW background material and a psychological report from Mr Sheptooha dated 10 July 2025, which identified self-reported symptoms of major depressive disorder following a close friend's murder, trauma from childhood abuse by his father, and polysubstance use from age 14. The offender's background included financial hardship, disrupted schooling, paternal physical abuse, and exposure to a disadvantaged peer environment from a young age.

Against those circumstances, the court noted significant rehabilitation since arrest. The offender had complied with strict bail conditions for over two years, secured stable employment on a production line (with positive reports from his supervisor), reduced anti-social peer associations, and demonstrated growing maturity. These factors, combined with his guilty plea (attracting a 25% discount), the 14 days already served in pre-sentence custody, and his lack of prior relevant drug convictions, supported a finding that an immediate release order was appropriate.

The court imposed a three-year term of imprisonment, back-dated to account for pre-sentence custody, but made a Recognizance Release Order under s 19AC of the Crimes Act effective immediately, releasing the offender on conditions including good behaviour for four years, ongoing supervision by Community Corrections, and participation in mental health treatment as identified by Mr Sheptooha.

Orders Made

  • SH convicted of attempt to possess a commercial quantity of an unlawfully imported border controlled drug under ss 11.1 and 307.5 of the Criminal Code 1995 (Cth).
  • Sentenced to three years' imprisonment, commencing 2 October 2025.
  • Recognizance Release Order made effective immediately, subject to the following conditions:
  • Good behaviour for four years.
  • Supervision by Community Corrections for the duration of the order.
  • Compliance with all directions from Community Corrections, including engagement with mental health treatment as identified in Mr Sheptooha's report.
  • Report to Community Corrections at Penrith within seven days.
  • The Registrar directed to forward Mr Sheptooha's report (dated 10 July 2025) to Community Corrections.

Key Takeaways

  • Under s 17A of the Crimes Act 1914 (Cth), a court must be satisfied that no other sentence is appropriate before imposing imprisonment for a federal offence; this threshold was engaged here and considered carefully given the offender's youth and rehabilitation.
  • Significant weight was given to the offender's age at the time of offending (17 years), consistent with the principle that youth diminishes moral culpability and increases the prospects of rehabilitation.
  • A 25% guilty plea discount was applied, reflecting the offender's early acceptance of responsibility in a serious Commonwealth drug matter.
  • Demonstrated post-offence rehabilitation, including stable employment, compliance with bail conditions, and reduced anti-social associations, contributed materially to the decision to make an immediate release order despite the objective seriousness of the offence.
  • Where a young offender has no prior relevant convictions, a troubled background marked by physical abuse and poverty, and documented mental health needs, those factors can collectively support a non-custodial outcome even for offences at the higher end of the drug trafficking hierarchy.

Legislation and Cases Referenced

Legislation:
- Criminal Code 1995 (Cth), ss 11.1 and 307.5
- Crimes Act 1914 (Cth), ss 17A and 19AC
- Children (Criminal Proceedings) Act 1987 (NSW)

Cases:
- BP v R [2010] NSWCCA 159
- Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
- DPP (Cth) v De La Rosa (2010) 79 NSWLR 1
- Elchiekh v R [2016] NSWCCA 225
- Hoskins v R [2021] NSWCCA 169
- KT v R (2008) 182 A Crim R 571
- Lau v R [2011] VSCA 324
- MF v R [2024] NSWCCA 42
- R v Kovaleff [2023] NSWSC 302
- R v Nguyen; R v Pham [2010] NSWCCA 238
- R v Todd [1982] 2 NSWLR 517
- Robertson v R [2024] NSWCCA 22
- Sarhene v R [2022] NSWCCA 79
- TH v R [2025] NSWCCA 121
- TM v R [2023] NSWCCA 185
- Totaan v R [2022] NSWCCA 75
- YZ v R [2025] NSWCCA 165