R v Chu; R v Tang [2021] NSWDC 768

R v Chu; R v Tang [2021] NSWDC 768

Sentences were imposed in recognition of Tang's and Chu's roles in cultivating a large commercial quantity of prohibited plants, with reductions for early guilty pleas, acceptance of responsibility, and good prospects of rehabilitation. Chu received a higher sentence due to a longer involvement and greater management role. Both offenders' subjective circumstances were considered but did not outweigh the need for deterrence and punishment proportionate to their actions.

Parties
Offender: Dennis Chu; Offender: Kim Seong Tang; Prosecution: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Criminal / Sentence
Outcome
both offenders convicted and sentenced to terms of imprisonment
Legal Topics
Cultivate Large Commercial Quantity Prohibited Plant, Sentencing, Guilty Plea, Role of Offenders, Personal Histories
Criminal Law Cultivate Large Commercial Quantity Prohibited Plant Sentencing Guilty Plea Role of Offenders Personal Histories

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Parties

Dennis Chu

Offender

Kim Seong Tang

Offender

Director of Public Prosecutions

Prosecution

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for cultivating large commercial quantity of prohibited plants
  2. 2 assessment of offender roles and objective seriousness
  3. 3 consideration of personal circumstances in sentencing

Ratio Decidendi

Sentences were imposed in recognition of Tang's and Chu's roles in cultivating a large commercial quantity of prohibited plants, with reductions for early guilty pleas, acceptance of responsibility, and good prospects of rehabilitation. Chu received a higher sentence due to a longer involvement and greater management role. Both offenders' subjective circumstances were considered but did not outweigh the need for deterrence and punishment proportionate to their actions.

Court Disposition

both offenders convicted and sentenced to terms of imprisonment

Orders

  • Dennis Chu is convicted and sentenced to imprisonment for three years four months, non-parole period two years two months (commencing 11/05/2020, expiring 10/07/2022), eligible for parole 10/07/2022 with balance term expiring 11/09/2023.
  • Kim Seong Tang is convicted and sentenced to imprisonment for two years three months, non-parole period one year five months (commencing 11/05/2020, release to parole 10/10/2021), parole period until 10/08/2022; sentence ends 10/08/2022.