R v Chan; R v Kwan [2019] NSWDC 507

R v Chan; R v Kwan [2019] NSWDC 507

The attempted possession concerned an extremely large quantity of methamphetamine, 81.4 kilograms pure, about 108 times the commercial quantity threshold. Each offender travelled from Hong Kong for the purpose of retrieving the drugs, was a trusted significant participant, and played a planned, organised and crucial role in extracting, securing and removing the packages. Neither role was menial, neither offender showed accepted remorse or contrition, and no discount was available for a plea or facilitating justice. Although each had no prior convictions and was a low risk of reoffending, general deterrence, denunciation, the maximum penalty of life imprisonment, the high value of the...

Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Criminal Sentence for Attempt to Possess a Commercial Quantity of a Border Controlled Drug / Sentence After Defended Trial and Jury Verdicts of Guilty
Outcome
Each offender was convicted and sentenced to imprisonment for 23 years with a non-parole period of 15 years.
Legal Topics
['attempt to Possess Commercial Quantity of Border Controlled Drug' 'methamphetamine' 'co Offenders' 'roles in Drug Enterprise' 'parity' 'subjective Matters' 'general Deterrence']
['criminal Law' 'sentencing' 'drug Offences'] ['attempt to Possess Commercial Quantity of Border Controlled Drug' 'methamphetamine' 'co Offenders' 'roles in Drug Enterprise' 'parity' 'subjective Matters' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence for Attempt to Possess a Commercial Quantity of a Border Controlled Drug / Sentence After Defended Trial and Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What objective seriousness attached to the attempted possession of 81.4 kilograms pure methamphetamine, a commercial quantity of a border controlled drug' 'What roles Donald Chan and Chun Man Kwan played in the offending and whether their roles were significant or menial' 'What weight should be given to subjective matters including absence of prior convictions, low risk of reoffending, family circumstances, language difficulties and custody hardship' 'Whether either offender was entitled to leniency for remorse, contrition, a plea of guilty or facilitating the course of justice' 'What sentence achieved parity between the co-offenders']

Ratio Decidendi

The attempted possession concerned an extremely large quantity of methamphetamine, 81.4 kilograms pure, about 108 times the commercial quantity threshold. Each offender travelled from Hong Kong for the purpose of retrieving the drugs, was a trusted significant participant, and played a planned, organised and crucial role in extracting, securing and removing the packages. Neither role was menial, neither offender showed accepted remorse or contrition, and no discount was available for a plea or facilitating justice. Although each had no prior convictions and was a low risk of reoffending, general deterrence, denunciation, the maximum penalty of life imprisonment, the high value of the...

Court Disposition

Each offender was convicted and sentenced to imprisonment for 23 years with a non-parole period of 15 years.

Orders

  • ['Donald Chan is convicted of attempt to possess a commercial quantity of a border controlled drug, methamphetamine, in the quantity of 81.4 kilograms pure, contrary to s 307.5(1) of the Criminal Code.' 'Chun Man Kwan is convicted of attempt to possess a commercial quantity of a border controlled drug,...