R v Lin & Lau [2006] NSWDC 143

R v Lin & Lau [2006] NSWDC 143

Given the objective seriousness of manufacturing or taking part in the manufacture of a large commercial quantity of methylamphetamine, and considering each offender's role, prior character, and guilty pleas, deterrence and denunciation required substantial sentences. A 25% discount was applied for the early guilty pleas. The appropriate sentences are a non parole period of nine years (head sentence twelve years) for Lau, and a non parole period of six years (head sentence eight years) for Lin, both commencing on 2 January 2005.

Parties
Prosecution: Crown; Accused: Song Lin; Accused: Kar Wah Lau
Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Criminal / Sentencing
Outcome
Both offenders sentenced. Lau: non parole period nine years, head sentence twelve years. Lin: non parole period six years, head sentence eight years.
Legal Topics
Manufacture/produce a Prohibited Drug, Large Commercial Quantity, Sentence in a Foreign Country
Criminal Law Manufacture/produce a Prohibited Drug Large Commercial Quantity Sentence in a Foreign Country

Case Brief

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Parties

Crown

Prosecution

Song Lin

Accused

Kar Wah Lau

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manufacturing a prohibited drug in large commercial quantity
  2. 2 Consideration of early guilty pleas in sentencing
  3. 3 Assessment of objective seriousness and relevant mitigating circumstances

Ratio Decidendi

Given the objective seriousness of manufacturing or taking part in the manufacture of a large commercial quantity of methylamphetamine, and considering each offender's role, prior character, and guilty pleas, deterrence and denunciation required substantial sentences. A 25% discount was applied for the early guilty pleas. The appropriate sentences are a non parole period of nine years (head sentence twelve years) for Lau, and a non parole period of six years (head sentence eight years) for Lin, both commencing on 2 January 2005.

Court Disposition

Both offenders sentenced. Lau: non parole period nine years, head sentence twelve years. Lin: non parole period six years, head sentence eight years.

Orders

  • Kar Wah Lau: non parole period set at nine years and a head sentence of twelve years, commencing 2 January 2005. Eligible for parole 1 January 2014.
  • Song Lin: non parole period set at six years with a head sentence of eight years, commencing 2 January 2005. Eligible for parole 1 January 2011.