R v Lui; R v Lau [2012] NSWDC 161

R v Lui; R v Lau [2012] NSWDC 161

Given the very large quantity of precursor chemical, the seriousness of the conspiracy, the offenders' trusted roles, the need for general deterrence and adequate punishment, and after allowing close to a 25% discount for early guilty pleas and considering their lack of prior convictions and personal circumstances, significant full-time imprisonment was the only appropriate sentence. Mr Lau's role was slightly more senior and longer than Mr Lui's, justifying a higher sentence, while a 60% non-parole period was appropriate for each offender.

Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Criminal Sentence / Sentencing After Pleas of Guilty
Outcome
Mr Lau and Mr Lui were sentenced to full-time imprisonment with non-parole periods and balance of term periods.
Legal Topics
['conspiracy to Import a Commercial Quantity of Pseudoephedrine' 'commercial Quantity of Precursor Chemical' 'commonwealth Sentencing' 'non Parole Period' 'general Deterrence']
['criminal Law' 'sentencing'] ['conspiracy to Import a Commercial Quantity of Pseudoephedrine' 'commercial Quantity of Precursor Chemical' 'commonwealth Sentencing' 'non Parole Period' 'general Deterrence']

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Procedural Posture

Criminal Sentence / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Mr Lau and Mr Lui for conspiring to import a commercial quantity of pseudoephedrine intending or believing it would be used to manufacture a controlled drug.' "What discount should be allowed for the offenders' guilty pleas." "How the offenders' respective roles, subjective circumstances, parity with co-offender A, and general deterrence should affect sentence." 'What non-parole periods should be fixed.']

Ratio Decidendi

Given the very large quantity of precursor chemical, the seriousness of the conspiracy, the offenders' trusted roles, the need for general deterrence and adequate punishment, and after allowing close to a 25% discount for early guilty pleas and considering their lack of prior convictions and personal circumstances, significant full-time imprisonment was the only appropriate sentence. Mr Lau's role was slightly more senior and longer than Mr Lui's, justifying a higher sentence, while a 60% non-parole period was appropriate for each offender.

Court Disposition

Mr Lau and Mr Lui were sentenced to full-time imprisonment with non-parole periods and balance of term periods.

Orders

  • ['Yiu Chun LAU is sentenced to a non-parole period of four years and six months from 30 June 2009 to 2 December 2013, with a balance of term of three years; the sentence expires on 2 December 2016.' 'Pang-Yan LUI is sentenced to a non-parole period of three years and 11 months from 3 June 2009 to 2 May 2013, with a...