Regina (Cth) v Chea Siang Lim; Regina (Cth) v Wai Hong Tee [2018] NSWDC 44

Regina (Cth) v Chea Siang Lim; Regina (Cth) v Wai Hong Tee [2018] NSWDC 44

The offending was objectively serious because the offenders possessed 102.66 kilograms pure of methamphetamine, about 136 times the commercial quantity, acted as more than mere couriers, engaged in some planning, and committed the offence for financial gain, although they were towards the lower end of the hierarchy. General deterrence was significant and some specific deterrence was needed. Mitigating factors included early guilty pleas warranting a 25% discount, lack of prior Australian convictions, remorse, difficult financial backgrounds, good prospects of rehabilitation and good custodial conduct. Parity required equal sentences. No sentence other than imprisonment was appropriate,...

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Criminal Sentence for Commonwealth Drug Offence / Sentence After Pleas of Guilty in the Local Court
Outcome
The offenders were convicted and each sentenced to imprisonment for 13 years and 6 months with a non-parole period of 9 years.
Legal Topics
['possession of a Commercial Quantity of a Border Controlled Drug' 'methamphetamine' 'commonwealth Offence' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'parity' 'remorse and Contrition' 'rehabilitation']
['criminal Law' 'sentencing'] ['possession of a Commercial Quantity of a Border Controlled Drug' 'methamphetamine' 'commonwealth Offence' 'plea of Guilty' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'parity' 'remorse and Contrition' 'rehabilitation']

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Procedural Posture

Criminal Sentence for Commonwealth Drug Offence / Sentence After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ['What sentence should be imposed for possessing a commercial quantity of a border controlled drug, being 102.66 kilograms pure of methamphetamine, contrary to section 307.5(1) of the Criminal Code (Cth).' "How the objective seriousness of the offending, including the quantity of drugs, planning, financial gain and the offenders' roles, should affect sentence." 'What weight should be given to mitigating factors including guilty pleas, remorse, lack of prior convictions, background, prospects of rehabilitation and cooperation.' 'Whether parity required the same sentence for both offenders.']

Ratio Decidendi

The offending was objectively serious because the offenders possessed 102.66 kilograms pure of methamphetamine, about 136 times the commercial quantity, acted as more than mere couriers, engaged in some planning, and committed the offence for financial gain, although they were towards the lower end of the hierarchy. General deterrence was significant and some specific deterrence was needed. Mitigating factors included early guilty pleas warranting a 25% discount, lack of prior Australian convictions, remorse, difficult financial backgrounds, good prospects of rehabilitation and good custodial conduct. Parity required equal sentences. No sentence other than imprisonment was appropriate,...

Court Disposition

The offenders were convicted and each sentenced to imprisonment for 13 years and 6 months with a non-parole period of 9 years.

Orders

  • ['The offenders are convicted.' 'Wai Hong Tee is sentenced to imprisonment for 13 years and six months to date from 23 December 2016 and expire on 22 June 2030.' 'I fix a non-parole period of nine years to date from 23 December 2016 and to expire on 22 December 2025 for Wai Hong Tee.' 'Chea Siang Lim is sentenced to...