R v Lau [2020] NSWDC 843

R v Lau [2020] NSWDC 843

The offender's role in collecting the consignment was serious but fell in the low range, though not the lowest range, of objective seriousness because she was reckless rather than knowing, had no basis for understanding the quantity beyond a marketable quantity, acted at the behest of David Lee to maintain access to methylamphetamine rather than for direct monetary profit, and exposed herself to obvious detection. A starting point of about 36 months was reduced by a combined 30% discount for the guilty plea and modest assistance, and by time served on remand, producing a sentence of 22 months. Given her lack of relevant prior record, marked rehabilitation, remorse, stringent conditional...

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Criminal Sentence for Attempt to Possess a Marketable Quantity of an Unlawfully Imported Border Controlled Drug / Sentence After Guilty Plea in the Local Court and Committal for Sentence
Outcome
Convicted and sentenced to imprisonment for 22 months to be served by means of an Intensive Corrections Order.
Legal Topics
['attempt to Possess Marketable Quantity of Unlawfully Imported Border Controlled Drug' 'methylamphetamine' 'federal Sentencing' 'intensive Corrections Order' 'guilty Plea Discount' 'cooperation With Law Enforcement' 'rehabilitation' 'general and Specific Deterrence']
['criminal Law' 'sentencing'] ['attempt to Possess Marketable Quantity of Unlawfully Imported Border Controlled Drug' 'methylamphetamine' 'federal Sentencing' 'intensive Corrections Order' 'guilty Plea Discount' 'cooperation With Law Enforcement' 'rehabilitation' 'general and Specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence for Attempt to Possess a Marketable Quantity of an Unlawfully Imported Border Controlled Drug / Sentence After Guilty Plea in the Local Court and Committal for Sentence

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a marketable quantity of unlawfully imported methylamphetamine.' 'Whether imprisonment was the only appropriate sentence and whether it should be served full-time or by means of an Intensive Corrections Order.' "What allowance should be made for the offender's guilty plea and cooperation with law enforcement authorities." "How the offender's recklessness, lack of knowledge of the particular quantity, addiction, rehabilitation, delay, remand time and personal circumstances affected objective seriousness and sentence."]

Ratio Decidendi

The offender's role in collecting the consignment was serious but fell in the low range, though not the lowest range, of objective seriousness because she was reckless rather than knowing, had no basis for understanding the quantity beyond a marketable quantity, acted at the behest of David Lee to maintain access to methylamphetamine rather than for direct monetary profit, and exposed herself to obvious detection. A starting point of about 36 months was reduced by a combined 30% discount for the guilty plea and modest assistance, and by time served on remand, producing a sentence of 22 months. Given her lack of relevant prior record, marked rehabilitation, remorse, stringent conditional...

Court Disposition

Convicted and sentenced to imprisonment for 22 months to be served by means of an Intensive Corrections Order.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to a period of imprisonment of 22 months to date from 15 December 2020 and expiring on 14 October 2022.' 'The sentence is to be served by means of an intensive corrections order.' 'The standard conditions are that she commits no further offences and accepts...