R v Bin LI and Kun WANG [2013] NSWDC 211

R v Bin LI and Kun WANG [2013] NSWDC 211

Li's offending was extensive, well organised and supported by sophisticated plant and equipment, involved participatory credit card offending, preparatory identity document offending and a distinct drug supply offence, and was aggravated in context by prior dishonesty convictions, but his early guilty plea and special circumstances justified a 25 per cent discount and an adjusted non-parole period. Wang's role was less than Li's but she was an operative facilitator of a systematic scheme over a significant period, receiving, possessing, concealing, disposing of and transacting with proceeds of crime; her early guilty plea, lack of prior convictions and special circumstances justified a 25...

Jurisdiction
Australia
Judgment Date
23 August 2013
Procedural Posture
Criminal Sentence / Remarks on Sentence After Pleas of Guilty
Outcome
Bin Li was sentenced to an aggregate sentence of 7 years and 6 months imprisonment with a non-parole period of 4 years and 7 months. Kun Wang was sentenced to 2 years and 3 months imprisonment with a non-parole period of 1 year and 2 months and an order directing her release on parole on 14 October 2014.
Legal Topics
['false Documents' 'identification Documents' 'proceeds of Crime' 'supply of Prohibited Drug' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'parole Order' 'forfeiture' 'drug Destruction Order']
['criminal Law' 'sentencing'] ['false Documents' 'identification Documents' 'proceeds of Crime' 'supply of Prohibited Drug' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'parole Order' 'forfeiture' 'drug Destruction Order']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed on Bin Li for offences involving false documents, identification document equipment and supply of methylamphetamine, with a Form 1 proceeds of crime offence taken into account.' 'What sentence should be imposed on Kun Wang for knowingly dealing with proceeds of crime.' 'Whether pleas of guilty warranted a discount.' 'Whether special circumstances warranted adjustment of the statutory ratio between sentence and non-parole period.' 'Whether Ms Wang should be released on parole at the expiry of her non-parole period.']

Ratio Decidendi

Li's offending was extensive, well organised and supported by sophisticated plant and equipment, involved participatory credit card offending, preparatory identity document offending and a distinct drug supply offence, and was aggravated in context by prior dishonesty convictions, but his early guilty plea and special circumstances justified a 25 per cent discount and an adjusted non-parole period. Wang's role was less than Li's but she was an operative facilitator of a systematic scheme over a significant period, receiving, possessing, concealing, disposing of and transacting with proceeds of crime; her early guilty plea, lack of prior convictions and special circumstances justified a 25...

Court Disposition

Bin Li was sentenced to an aggregate sentence of 7 years and 6 months imprisonment with a non-parole period of 4 years and 7 months. Kun Wang was sentenced to 2 years and 3 months imprisonment with a non-parole period of 1 year and 2 months and an order directing her release on parole on 14 October 2014.

Orders

  • ['Bin Li: aggregate sentence of 7 years and 6 months imprisonment commencing 18 October 2011 and expiring 17 April 2019.' 'Bin Li: non-parole period of 4 years and 7 months commencing 18 October 2011 and expiring 17 May 2016.' 'Bin Li: Form 1 offence of knowingly dealing with proceeds of crime taken into account for...