R v Lim, R v Tan [2013] NSWDC 327

R v Lim, R v Tan [2013] NSWDC 327

Lim and Tan were principal, managerial participants in a joint criminal enterprise involving supply of commercial and large commercial quantities of heroin and methylamphetamine in NSW, motivated by financial gain and operating as facilitators for a Southeast Asia-based syndicate. Neither demonstrated compelling mitigating factors or lower objective criminality relative to each other. Sentences must reflect both the need for general and personal deterrence and the particular seriousness of the offences, with adjustments for special circumstances found (accumulation of sentences, adaptation to community post-custody) and 25% utilitarian discounts for guilty pleas. Objective criminality...

Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Criminal / Sentence
Outcome
Imprisonment imposed (Lim: 14 years with 10 year non-parole period; Tan: 14 years with 10 year non-parole period); both offenders to be eligible for parole on 8 August 2021 and subject to deportation upon release.
Legal Topics
['sentencing' 'supply of Prohibited Drugs' 'organised Crime' 'objective Seriousness' 'parity' 'special Circumstances']
['criminal Law'] ['sentencing' 'supply of Prohibited Drugs' 'organised Crime' 'objective Seriousness' 'parity' 'special Circumstances']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentences for supply of commercial and large commercial quantities of heroin and methylamphetamine' 'Assessment of parity between co-offenders' 'Consideration of objective and subjective criminality, special circumstances, and utility value of guilty pleas']

Ratio Decidendi

Lim and Tan were principal, managerial participants in a joint criminal enterprise involving supply of commercial and large commercial quantities of heroin and methylamphetamine in NSW, motivated by financial gain and operating as facilitators for a Southeast Asia-based syndicate. Neither demonstrated compelling mitigating factors or lower objective criminality relative to each other. Sentences must reflect both the need for general and personal deterrence and the particular seriousness of the offences, with adjustments for special circumstances found (accumulation of sentences, adaptation to community post-custody) and 25% utilitarian discounts for guilty pleas. Objective criminality...

Court Disposition

Imprisonment imposed (Lim: 14 years with 10 year non-parole period; Tan: 14 years with 10 year non-parole period); both offenders to be eligible for parole on 8 August 2021 and subject to deportation upon release.

Orders

  • ["Lim convicted and sentenced to a total of 14 years' imprisonment with a non-parole period of 10 years for offences including two counts of supplying not less than commercial quantity of methylamphetamine (9 years each, concurrent), one count of supplying not less than a commercial quantity of heroin (7.5 years),...