R v Wu [2017] NSWDC 458

R v Wu [2017] NSWDC 458

The offender was convicted of manufacturing more than a large commercial quantity of methylamphetamine (11.755 kg), an offence above the midrange of objective seriousness. His involvement was found to be at the highest level, warranting a total term of 12 years' imprisonment, including a non-parole period of 9 years, with Form 1 offences taken into account. No penalty other than imprisonment was appropriate.

Parties
Prosecution: Regina; Offender: Ming Chun Wu
Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to 12 years' imprisonment (non-parole period 9 years); Form 1 matters taken into account; $18,000 forfeited to the State.
Legal Topics
Drug Offences, Sentencing, Proceeds of Crime, Criminal Groups
Criminal Law Drug Offences Sentencing Proceeds of Crime Criminal Groups

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Parties

Regina

Prosecution

Ming Chun Wu

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for manufacturing large commercial quantity of methylamphetamine
  2. 2 Reckless dealing with proceeds of crime
  3. 3 Possess prohibited drug

Ratio Decidendi

The offender was convicted of manufacturing more than a large commercial quantity of methylamphetamine (11.755 kg), an offence above the midrange of objective seriousness. His involvement was found to be at the highest level, warranting a total term of 12 years' imprisonment, including a non-parole period of 9 years, with Form 1 offences taken into account. No penalty other than imprisonment was appropriate.

Court Disposition

Convicted and sentenced to 12 years' imprisonment (non-parole period 9 years); Form 1 matters taken into account; $18,000 forfeited to the State.

Orders

  • Convicted of manufacture prohibited drug (methylamphetamine) – s 24(2) Drug Misuse and Trafficking Act 1985
  • Form 1 offences (possess prohibited drug – ketamine, recklessly deal with proceeds of crime, knowingly participate in a criminal group) taken into account on sentence