Commonwealth Director of Public Prosecutions

Zhao Gui YU, Xiong CHEN and Guo Ping WU

Serious Drugs
New South Wales

Pseudoephedrine Importation/Joint Commission

On 23 June 2011 an international package was intercepted and examined by ACBPS Officers. The package had been sent to Australia from China and was declared as ‘water pump’. The package was found to contain a water pump containing 1.550g of pink and yellow granules. Analysis revealed 487.5g of pure pseudoephedrine contained within the substance.

On 30 June 2011, ACBPS officers conducted a managed delivery of the consignment. A green vehicle was observed at that time within 150m of the delivery address. The defendants were observed within the car. YU collected the package from the delivery driver and signed for the package in the name of the package’s consignee ‘yan’. YU then opened the package and re-joined CHEN and WU in the car.

With CHEN driving, the car subsequently stopped alongside a wheelie bin located on a kerbside where YU disposed of the box within which the pump had been packed. Prior to this, WU had exited the vehicle from the rear passenger side and walked to the rear of the vehicle and rummaged in the boot. The car then travelled to an hotel where WU exited the vehicle and threw the green water pump over a chain linked fence onto the railway yard and re-entered the car. The defendants were subsequently arrested.

The defendants were charged with 1 count of importing Tier 1 goods (pseudoephedrine) without approval pursuant to section 11.2A of the Criminal Code and section 233BAA(4) of the Customs Act 1901.

On 18 September 2012 CHEN and WU pleaded guilty to the offence and were sentenced to 2 years imprisonment to be released after serving 14 months and 19 days to be of good behaviour for 9 months and 11 days.

YU pleaded not guilty to the offence. At trial, the court explored the operation of section 11.2A of the Criminal Code – Joint Commission. The court found that the prosecution must discharge the elevated fault element of knowledge in respect to the nature of the substance (i.e. it is a prohibited good or a border controlled drug).

YU was found guilty and on 27 September 2012 was sentenced to 2 years imprisonment to be released after serving 15 months to be of good behaviour for 2 years.