R v Lee [2018] NSWDC 357

R v Lee [2018] NSWDC 357

Mr Lee aided an offence involving the manufacture of a large commercial quantity of methylamphetamine, but his role was significantly less important than Mr Wong's and his subjective criminality was significantly less. Although Mr Wong pleaded guilty earlier, cooperated with police and was not on bail, parity meant Mr Lee would have a justifiable sense of grievance if he received the same or a close sentence. A 15% reduction was allowed for Mr Lee's guilty plea, resulting in a head sentence of 4 years with a non-parole period of 2 years.

Jurisdiction
Australia
Judgment Date
29 October 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Sentenced to imprisonment consisting of a non-parole period of 2 years with a head sentence of 4 years.
Legal Topics
['parity' 'manufacture of Large Commercial Quantity of Methylamphetamine' 'guilty Plea Discount' 'non Parole Period']
['criminal Law' 'sentencing'] ['parity' 'manufacture of Large Commercial Quantity of Methylamphetamine' 'guilty Plea Discount' 'non Parole Period']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed on Wing Ho Lee for involvement in the manufacture of a large commercial quantity of methylamphetamine.' "Whether parity with the sentence imposed on Cheuk Wai Wong required a lower sentence because Mr Lee's role and subjective criminality were significantly less." "What allowance should be made for Mr Lee's guilty plea."]

Ratio Decidendi

Mr Lee aided an offence involving the manufacture of a large commercial quantity of methylamphetamine, but his role was significantly less important than Mr Wong's and his subjective criminality was significantly less. Although Mr Wong pleaded guilty earlier, cooperated with police and was not on bail, parity meant Mr Lee would have a justifiable sense of grievance if he received the same or a close sentence. A 15% reduction was allowed for Mr Lee's guilty plea, resulting in a head sentence of 4 years with a non-parole period of 2 years.

Court Disposition

Sentenced to imprisonment consisting of a non-parole period of 2 years with a head sentence of 4 years.

Orders

  • ['The offender is sentenced to imprisonment.' 'A non-parole period of two years is set to date from 30 November 2016.' 'A head sentence of four years is imposed.' 'The non-parole period will expire on 29 November 2018, on which day the offender is eligible to be released to parole.']