Goh v The Queen

Case [2022] VSCA 24


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2021 0035

KEE SEN GOH Appellant
v
THE QUEEN Respondent

---

JUDGES: T FORREST and WALKER JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 14 February 2022
DATE OF JUDGMENT: 4 March 2022
MEDIUM NEUTRAL CITATION: [2022] VSCA 24
JUDGMENT APPEALED FROM: DPP (Cth) v Goh (Unreported, County Court of Victoria, Judge Meredith, 11 March 2021)

---

CRIMINAL LAW – Appeal – Sentence – Attempting to possess border controlled drug in commercial quantity – Appellant recruited and coordinated others to possess 8.31 kg of heroin – Expendable mid-level functionary – Cooperation with authorities, including consenting to searches – Guilty plea – Lack of prior convictions – Deportation – Good prospects of rehabilitation – Sentence of 11 years’ imprisonment with non-parole period of 6 years and 9 months – Whether sentence manifestly excessive – Parity – Where co-offender sentenced to 7 years’ imprisonment with non-parole period of 4 years and 6 months – Appeal dismissed.

---

APPEARANCES: Counsel Solicitors
For the Appellant Mr S Ranjit Papa Hughes Lawyers
For the Respondent Ms R Champion Mr S Bruckard, Solicitor for Public Prosecutions (Cth)

T FORREST JA
WALKER JA:

  1. On 22 February 2021, the appellant pleaded guilty before a judge of the County Court to a single charge of attempting to possess a border controlled drug (heroin) in a commercial quantity.[1]  The quantity in issue was 8.31 kilograms — more than five times the commercial quantity for that drug.[2]  The appellant had cooperated with the authorities and had thus assisted in the police obtaining much of the evidence against him.

    [1]Contrary to Criminal Code Act 1995 (Cth) ss 11.1(1), 307.5(1), read with s 311.14.

    [2]The prescribed commercial quantity for heroin is 1.5 kilograms: Criminal Code Regulations 2002 (Cth), sch 4.

  1. On 11 March 2021, the appellant was sentenced as follows:[3]

    [3]DPP (Cth) v Goh  (County Court of Victoria, Judge Meredith, 11 March 2021) (‘Sentencing Reasons’).

Charge Offence Maximum Sentence Cumulation
1 Attempting to possess a border controlled drug in a commercial quantity Life imprisonment 11 years’ imprisonment Base
Total Effective Sentence: 11 years’ imprisonment
Non-Parole Period: 6 years and 9 months’ imprisonment
Pre-Sentence Detention Declared: 764 days
Section 6AAA Statement: 14 years’ imprisonment with a non-parole period of 9 years and 6 months
  1. The appellant’s co-offender, Kee Tan, had earlier pleaded guilty to the same charge.  However, Tan’s charge related to a much smaller quantity of heroin: 2.58 kilograms, being less than twice the commercial quantity.  Tan was sentenced to 7 years’ imprisonment with a non-parole period of 4 years and 6 months.  Tan had not cooperated with the authorities.

  1. On 24 August 2021 McLeish JA granted the appellant leave to appeal.[4]  The  appeal is based on a single ground, as follows:

    [4]Goh v The Queen [2021] VSCA 231 (‘Reasons for Leave’).

1. The total effective sentence and non-parole period fixed [are] manifestly excessive.

Particulars:

a.The Learned Sentencing Judge gave insufficient weight to:

i. The [appellant’s] cooperation with law enforcement agencies.

ii. The…

Continue reading Goh v The Queen

Sign in free to access the full text

Details
AGLC
Goh v The Queen [2022] VSCA 24
Case
[2022] VSCA 24
Decision Date

CaseChat Overview and Summary

The appellant, Goh, appealed against a sentence of 11 years’ imprisonment with a non-parole period of 6 years and 9 months, imposed after he pleaded guilty to attempting to possess a border controlled drug in a commercial quantity. The case was heard in the High Court of Australia. Goh had recruited and coordinated others to possess 8.31 kilograms of heroin. He was considered an expendable mid-level functionary within the drug trafficking operation and had cooperated with the authorities, including consenting to searches.

The primary legal issue before the court was whether the sentence imposed on Goh was manifestly excessive. The court considered the principles of parity, comparing Goh’s sentence with that of a co-offender who was sentenced to 7 years’ imprisonment with a non-parole period of 4 years and 6 months. The court also took into account various mitigating factors, including Goh’s role as a mid-level functionary, his cooperation with authorities, the absence of prior convictions, his prospects for rehabilitation, and the likelihood of deportation post-sentence.

The court found that while Goh’s role in the drug trafficking operation was significant, it was not at the highest echelon. His cooperation with authorities and the absence of prior criminal history were noted as mitigating factors. The court considered the disparity in sentences between Goh and his co-offender but held that this alone was not sufficient to conclude that the sentence was manifestly excessive. The overall circumstances of the case, including the quantity of drugs involved and the nature of Goh’s involvement, supported the sentence imposed. The appeal was dismissed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.