R v Hok Man Tsang [2018] NSWDC 184

R v Hok Man Tsang [2018] NSWDC 184

The offender's essential organisational role in a planned, extended, multi-location wholesale drug operation involving more than 550 kg of Methylamphetamine, the large commercial quantities, prior drug supply conviction and need for general and specific deterrence required a substantial term of imprisonment; after allowing for remorse, good prospects of rehabilitation, guilty plea discounts, totality and parity, an aggregate sentence of 24 years with a non-parole period of 18 years was appropriate.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the Local Court
Outcome
Offender convicted and sentenced to an aggregate sentence of 24 years imprisonment with a non-parole period of 18 years.
Legal Topics
['manufacture and Supply of Prohibited Drug' 'recklessly Dealing With Proceeds of Crime' 'large Commercial Quantity of Methylamphetamine' 'aggregate Sentence' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'remorse' 'rehabilitation' 'totality' 'parity']
['criminal Law' 'sentencing'] ['manufacture and Supply of Prohibited Drug' 'recklessly Dealing With Proceeds of Crime' 'large Commercial Quantity of Methylamphetamine' 'aggregate Sentence' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'remorse' 'rehabilitation' 'totality' 'parity']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for multiple large commercial quantity Methylamphetamine supply and manufacture offences and a Form 1 proceeds of crime offence.' 'How objective seriousness, planning, quantity of drugs, financial gain, general and specific deterrence, remorse, rehabilitation, pleas of guilty, totality and parity should affect sentence.' 'Whether an aggregate sentence should be imposed under section 53A Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's essential organisational role in a planned, extended, multi-location wholesale drug operation involving more than 550 kg of Methylamphetamine, the large commercial quantities, prior drug supply conviction and need for general and specific deterrence required a substantial term of imprisonment; after allowing for remorse, good prospects of rehabilitation, guilty plea discounts, totality and parity, an aggregate sentence of 24 years with a non-parole period of 18 years was appropriate.

Court Disposition

Offender convicted and sentenced to an aggregate sentence of 24 years imprisonment with a non-parole period of 18 years.

Orders

  • ['The sentences the Court would have imposed had separate sentences been imposed, after allowing for the discount for the plea of guilty, are: Count 1 - 18 years imprisonment with a non-parole period of 13 years and 6 months; Count 2 - 16 years imprisonment with a non-parole period of 12 years; Count 3 - 6 years...