R v MOK, Hin Lok [2017] NSWDC 314

R v MOK, Hin Lok [2017] NSWDC 314

The appropriate sentence, having regard to the seriousness of knowingly taking part in an attempt to manufacture a large commercial quantity of methylamphetamine (88.5 kg), the offender's important but subordinate role as 'cook', lack of prior convictions, plea of guilty at the first reasonable opportunity, special circumstances of isolation and language barrier, and the fact that police had prevented dissemination, is a term of nine years imprisonment (with a starting point of 12 years), with a non-parole period of six years, reflecting all statutory and case law considerations.

Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Criminal / Sentencing
Outcome
Full-time custodial sentence imposed.
Legal Topics
['sentencing' 'prohibited Drugs' 'attempt to Manufacture' 'manufacture of Prohibited Drug' 'methylamphetamine' 'large Commercial Quantity']
['criminal Law'] ['sentencing' 'prohibited Drugs' 'attempt to Manufacture' 'manufacture of Prohibited Drug' 'methylamphetamine' 'large Commercial Quantity']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for knowingly taking part in an attempt to manufacture a prohibited drug (methylamphetamine) in a large commercial quantity?' "How should the offender's role, background, lack of prior convictions, plea of guilty, and the fact that police intervention prevented dissemination, be weighed in sentencing?"]

Ratio Decidendi

The appropriate sentence, having regard to the seriousness of knowingly taking part in an attempt to manufacture a large commercial quantity of methylamphetamine (88.5 kg), the offender's important but subordinate role as 'cook', lack of prior convictions, plea of guilty at the first reasonable opportunity, special circumstances of isolation and language barrier, and the fact that police had prevented dissemination, is a term of nine years imprisonment (with a starting point of 12 years), with a non-parole period of six years, reflecting all statutory and case law considerations.

Court Disposition

Full-time custodial sentence imposed.

Orders

  • ['Convicted of offence of knowingly take part in attempt to manufacture prohibited drug (methylamphetamine) in large commercial quantity.' 'Sentenced to nine years imprisonment from 25 January 2016 to 24 January 2025.' 'Non-parole period fixed at six years, to expire 24 January 2022.' 'Balance of sentence is three...