Lam v The Queen

Case [2014] WASCA 114


LAM -v- THE QUEEN [2014] WASCA 114



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2014] WASCA 114
THE COURT OF APPEAL (WA)
Case No:CACR:107/20135 MARCH 2014
Coram:McLURE P
BUSS JA
NEWNES JA
3/06/14
17Judgment Part:1 of 1
Result: Appeals dismissed
A
PDF Version
Parties:VAN TONG LAM
THE QUEEN
THI NHANH LE

Catchwords:

Criminal law
Appeals against sentence
Importing a marketable quantity of heroin
Whether non-parole periods manifestly excessive
Whether sentencing judge erred in not giving reasons for imposing high non-parole periods.

Legislation:

Acts Amendment (Imprisonment and Parole) Act 1987 (WA)
Crimes Act 1914 (Cth), pt IB, s 16, s 16A, s 16AA, s 16AB, s 16B, s 16BA, s 16C, s 16D, s 16F, s 16AF, s 19AMA, s 19AA, s 19AC(1), s 19AB, s 19AG, s 19AL, s 19AN, s 19AQ, s 20(1)(b), s 21F
Crimes Legislation Amendment (Power and Offences) Act 2012 (Cth)
Criminal Code (Cth), s 307.2(1)
Judiciary Act 1903 (Cth), s 68(1)
Offenders Probation and Parole Act 1963 (WA)
Parole of Prisoners Ordinance 1971 (ACT)
Sentencing Act 1995 (WA), s 89, s 90
Sentencing Administration Act 2003 (WA), s 31

Case References:

Bertilone v The Queen (2009) 231 FLR 383
Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 52
De Hollander v The Queen [2012] WASCA 127
Deakin v The Queen [1984] HCA 31; (1984) 58 ALJR 367
Dujeu (2004) 146 A Crim R 121
Fraser v The State of Western Australia [2009] WASCA 23
Green v The Queen [2011] HCA 49; (2011) 244 CLR 462
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
Mohlasedi v The Queen [2006] WASCA 267
Norton v The Queen [2003] WASCA 86
Power v The Queen [1974] HCA 26; (1974) 131 CLR 623
Prestidge v The State of Western Australia [2014] WASCA 16
R v Krasnov (1995) 125 FLR 120
R v Ruha; Ex parte Director of Public Prosecutions (Cth) [2010] QCA 10; (2010) 198 A Crim R 430
Rosewood v The State of Western Australia [2014] WASCA 21
Stasinowsky v The State of Western Australia [2009] WASCA 20
Stinson v The State of Western Australia [2014] WASCA 72
Trinh v The Queen [2013] WASCA 258


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : LAM -v- THE QUEEN [2014] WASCA 114 CORAM : McLURE P
    BUSS JA
    NEWNES JA
HEARD : 5 MARCH 2014 DELIVERED : 3 JUNE 2014 FILE NO/S : CACR 107 of 2013 BETWEEN : VAN TONG LAM
    Appellant

    AND

    THE QUEEN
    Respondent
FILE NO/S : CACR 108 of 2013 BETWEEN : THI NHANH LE
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : STEVENSON DCJ

File No : IND 1499 of 2011


Catchwords:

Criminal law - Appeals against sentence - Importing a marketable quantity of heroin - Whether non-parole periods manifestly excessive -…

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AGLC
Lam v The Queen [2014] WASCA 114
Case
[2014] WASCA 114
Decision Date

CaseChat Overview and Summary

In the matter of Lam v The Queen, the appellant, Lam, sought to appeal against his sentence following his conviction for importing a marketable quantity of heroin. The appeal was heard in the High Court of Australia. The central issue for the court was whether the non-parole periods imposed by the sentencing judge were manifestly excessive and whether the sentencing judge had erred in not providing adequate reasons for the high non-parole periods.

The court examined the criteria for determining whether a sentence was manifestly excessive, considering the nature and circumstances of the offence, the appellant's criminal history, and the principles of general and specific deterrence. The court also assessed whether the sentencing judge had provided sufficient reasons to justify the high non-parole periods imposed. The court held that the sentencing judge had considered the appropriate factors in determining the non-parole periods and that the reasons provided were sufficient. Consequently, the appeals were dismissed.

The High Court concluded that the non-parole periods imposed were not manifestly excessive and that the sentencing judge had not erred in the manner in which reasons were given. The court found that the sentencing judge had appropriately balanced the various considerations relevant to the imposition of sentence in this case. The final orders of the court were that the appeals against sentence were dismissed, and the original sentences imposed by the sentencing judge were upheld.

Orders

Orders of the court

Appeals dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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