Director of Public Prosecutions v Lam

[2016] VCC 1546

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-01308

DIRECTOR OF PUBLIC PROSECUTIONS

v

KA YAN LAM

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	7 October 2016
DATE OF SENTENCE:	17 October 2016
CASE MAY BE CITED AS:	DPP v Lam
MEDIUM NEUTRAL CITATION:	[2016] VCC 1546

REASONS FOR SENTENCE
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Subject:         Criminal Law
Catchwords:
Legislation Cited:
Cases Cited:

Sentence:Imprisonment for a total term of 8 years with 5 years and 9 months to be served before becoming eligible for parole.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr T. Crouch	Commonwealth Director of Public Prosecutions
For the Accused	Mr J. Fitzgerald	Victoria Legal Aid

Pages 1 - 4

 

 

HIS HONOUR:

1Ka Yan Lam, you have pleaded guilty to:  One charge of attempted possession of a marketable quantity of a border-controlled drug, contrary s.11.1(1) and s.307.9(1) of the Criminal Code(Cth). The maximum penalty for that offence is 25 years imprisonment, and; One charge of trafficking a marketable quantity of a controlled drug contrary to s.302.3(1) of the Criminal Code (Cth).  The maximum penalty for that offence is 25 years imprisonment.

2You pleaded guilty following the listing of the matter for contested committal.  That hearing did not proceed, however, and you pleaded guilty at a committal mention.  I have taken your early plea into account in your favour in mitigation of sentence. 

3You have no prior convictions, subsequent convictions, or outstanding charges. 

4A prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows:

5On 25 June 2015, you arrived in Australia at Melbourne from Hong Kong.  You were travelling on a working holiday visa.  Following your arrival, you rented rooms and premises located in Sandown and Balwyn North.

6On 19 August 2015, Australia Border Force officers examined a postal consignment from China purporting to contain stationery.  The examination revealed 832.6 grams of a crystalline substance, secreted in 72 marker pens.  The substance contained 662.7 grams of pure methylamphetamine. 

7Attempts were made to deliver the consignment to the consignee, "Happy So", at premises located in Mitcham.  AFP investigators obtained a telephone intercept warrant in respect of a telephone number being used by you.  The interception of communications on that telephone number revealed that you took steps to recover the consignment.  You also attended at an Australia Post outlet twice to recover the consignment, but were unsuccessful in your attempts to obtain possession of it.  It is this conduct relied on by the prosecution in support of Charge 1 on the Indictment.

8Telephone intercepts, translated diary notations and evidence seized from your premises on the 3rd and 10 September 2015 also revealed your participation in trafficking a controlled drug, in all probability, methylamphetamine.  That evidence demonstrates that you received, prepared and distributed that drug.  In particular, an analysis of a telephone located at your house revealed four photographs of a white powder substance on digital scales.  The total weight of the powder was 3.139 kilograms.  

9I do not accept that it is possible the photos depict a single amount of a controlled drug, but it is not, however, possible to determine what purity of a controlled drug is depicted in the photographs.  The charge you have pleaded guilty to concerns between 2 grams and 750 grams of a controlled drug, and you will be sentenced on that basis in respect of Charge 2.

10Whilst it is not possible to identify the quantity of the controlled drug you trafficked, it is clear that you were engaged in that activity on an ongoing basis at a planned and organised level.  Your offending was motivated by profit.  Your attempt to possess the methylamphetamine, the subject of Charge 1, was to obtain supplies for your trafficking business. 

11It is well-established that persons such as you engaged in this serious criminal activity must expect the imposition of a significant term of imprisonment upon conviction.  You came to this country from Hong Kong to engage in the distribution of controlled drugs, and in my opinion, your offending is of the utmost seriousness. Such drugs cause incalculable damage to our society, and persons such as you must be deterred from offending in this manner.  You must also be punished for what you have done. 

12I now turn to your personal circumstances.  You were born on 1 May 1987 in Hong Kong, and are now age 29.  You are single, and have no children.  You were educated to Year 11 level in Hong Kong, and on leaving school were engaged in retail work and at a beauty parlour.  It would appear that you began using methylamphetamine when you were 26, and as a result, met persons who, in turn, led you to your offending. 

13It was not submitted on your behalf that you offended to support your drug use, and it is clear that you were performing a senior, trusted and important role in an organisation engaged in the importation and distribution of controlled drugs in this country. 

14The evidence before me discloses that your mother had incurred debts for medical treatment, and your offending was in part motivated to raise monies for this. I also accept that you are to some degree remorseful for your offending.  However, given the nature of your role in organised criminal activity, your prospects of rehabilitation must be approached with some caution.

15I accept that your imprisonment in this country will involve a greater degree of hardship for you than would otherwise be the case due to your isolation from friends and family.

16However, the evidence before me also discloses that you have engaged well in the programs offered to you whilst you have been in prison.

17In the result, the sentence of the court is as follows:

18In relation to Charge 1, the charge of attempting to possess a marketable quantity of an unlawfully imported, border-controlled drug, you are convicted and sentenced to four years imprisonment.  I direct that the sentence commence this day, that is, 17 October 2016.

19In relation to Charge 2, trafficking a marketable quantity of a controlled drug, you are convicted and sentenced to six years imprisonment.  I direct that the sentence commence on 17 October 2018. 

20This makes for a total effective term of imprisonment of eight years. 

21I direct that you serve five years and nine months before becoming eligible for release on parole. 

22I declare that you have served 403 days by way of presentence detention. 

23But for your plea of guilty, I would have imposed a total effective term of imprisonment of ten years, and imposed a non-parole period of eight years.

24Are there any further orders required, Mr Crouch?

25MR CROUCH:  No Your Honour.

26HIS HONOUR:  Thank you.  Ms Spowart?

27MS SPOWART:  No.

28HIS HONOUR:  Thank you.  I will adjourn until 10.30.

29MR CROUCH:  As Your Honour pleases.

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