Regina -v- Chun Hing LAW and Brian Alexander KUAN [1999] NSWSC 286

Regina -v- Chun Hing LAW and Brian Alexander KUAN [1999] NSWSC 286

Chun Hing Law’s role placed him at senior level in serious organisation responsible for multiple importations of heroin, warranting life imprisonment without remissions. Brian Alexander Kuan, although under supervision and direction, was critical in the enterprise, warranting a head sentence of 18 years reduced to 12 years (per s 16G), with a non parole period of 7 years.

Jurisdiction
Australia
Judgment Date
31 March 1999
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence
Legal Topics
['drug Offences' 'importation of Narcotics' 'sentencing']
['criminal Law'] ['drug Offences' 'importation of Narcotics' 'sentencing']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 ['appropriate sentence for conspiracy to import heroin and being knowingly concerned in importation' 'applicability of s 16G Crimes Act adjustment' 'degree of culpability and sentencing principles']

Ratio Decidendi

Chun Hing Law’s role placed him at senior level in serious organisation responsible for multiple importations of heroin, warranting life imprisonment without remissions. Brian Alexander Kuan, although under supervision and direction, was critical in the enterprise, warranting a head sentence of 18 years reduced to 12 years (per s 16G), with a non parole period of 7 years.

Court Disposition

conviction and sentence

Orders

  • ['Chun Hing Law sentenced to imprisonment for life.' 'Brian Alexander Kuan sentenced to 12 years imprisonment, non parole period 7 years, sentence commences 13 January 1995.']