R v Leung [2002] NSWSC 858

R v Leung [2002] NSWSC 858

Leung knowingly participated as a middleman in an organised importation of large commercial quantities of MDMA and heroin, rejected his account as false, and imposed a sentence reflecting deterrence and his significant role, with accumulation for two distinct narcotics.

Jurisdiction
Australia
Judgment Date
18 September 2002
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['sentencing' 'importation of Narcotics' 'commonwealth Offence']
['criminal Law'] ['sentencing' 'importation of Narcotics' 'commonwealth Offence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the proper sentence for being knowingly concerned in the importation of MDMA and heroin in commercial quantities?' 'How should the role and conduct of the offender affect the sentence?' 'What mitigating and aggravating factors are relevant under s 16A Crimes Act 1914 (Cth)?']

Ratio Decidendi

Leung knowingly participated as a middleman in an organised importation of large commercial quantities of MDMA and heroin, rejected his account as false, and imposed a sentence reflecting deterrence and his significant role, with accumulation for two distinct narcotics.

Court Disposition

conviction and custodial sentence

Orders

  • ['Count 1 (MDMA): Fixed term of imprisonment for 14 years, commencing 6 April 2001 and expiring 5 April 2015.' 'Count 2 (heroin): Imprisonment for 18 years, commencing 6 April 2003 and expiring 5 April 2021.' 'Non parole period of 12 years, commencing 6 April 2003 and expiring 5 April 2015.']