SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2019 0216
| HON WING LAU | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P and SIFRIS JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 31 May 2021 |
| DATE OF JUDGMENT: | 11 June 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 162 |
| JUDGMENT APPEALED FROM: | [2019] VCC 1091 (Judge Parrish) |
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CRIMINAL LAW – Appeal – Sentence – Parity – Attempt to possess commercial quantity of a substance reasonably suspected of having being unlawfully imported (1 charge) – Applicant sentenced to 8 years’ imprisonment with 5 years 6 months non-parole – Low level involvement by applicant in importation of two consignments – 5.9 times commercial quantity of methamphetamine – Co-offender sentenced for importing commercial quantity of border controlled drug (2 charges) – Sentenced to 12 years 9 months’ imprisonment with 8 years 4 months non-parole – Co-offender participated at very high level in importation of four consignments – 11.8 times commercial quantity of methamphetamine – Crown concession – Offences of significantly different seriousness – Need for much greater differential between co-offenders’ sentences – Leave granted – Appeal allowed – Applicant resentenced – Total effective sentence of 5 years’ imprisonment with 3 years non-parole.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms G Connelly | Valos Black & Associates |
| For the Respondent | Ms K Breckweg | Ms A Pavleka, Solicitor for Public Prosecutions (Cth) |
MAXWELL P
SIFRIS JA:
Summary
The applicant (‘HWL’) pleaded guilty to one charge of attempting to possess a commercial quantity (‘CQ’) of methamphetamine, being ‘a substance … reasonably suspected of having been unlawfully imported’.[1] He was sentenced to 8 years’ imprisonment, with a non-parole period of 5 years and 6 months.[2]
[1]Contrary to ss 11.1(1), 11.2A(1) and 307.8(1) Criminal Code Act 1995 (Cth).
[2]DPP (Cth) v Lau [2019] VCC 1091 (‘Reasons’).
The attempt to possess related to two consignments of drugs. The applicant provided to his co-offender, Lam, his home address for the delivery of the first consignment and his work address for the delivery of the second. The total amount of pure methamphetamine the subject of the charge was 4,409 grams (4.41kg), which represented 5.9 times CQ for methamphetamine.
Lam, who had earlier been sentenced by a different judge (Judge Lyon), was found to have participated ‘at a very high level’ in the importation of methamphetamine.[3] He pleaded guilty to two charges of importing a commercial quantity of the drug, each involving two consignments. The total quantity of pure methamphetamine which Lam imported was 8.8kg, representing almost 12 times CQ. He was sentenced to a total effective sentence of 12 years and 9 months’ imprisonment, with a non-parole period of 8 years and 4 months.
[3]DPP (Cth) v Lam [2018] VCC 1655, [9] (‘Lam Reasons’).
The applicant’s principal complaint concerned the misapplication of the principle of parity. He contended that, given his very limited role — confined to the provision of two addresses for delivery of the drugs once imported — there should have been much greater differentiation between the…
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- AGLC
- Lau v The Queen [2021] VSCA 162
- Case
- [2021] VSCA 162
- Decision Date
CaseChat Overview and Summary
The legal issues for the court to determine were whether the sentences imposed on the applicant and co-offender were commensurate with the respective levels of involvement and seriousness of their offences, and whether there was a sufficient differential between the sentences. The applicant argued that the sentences were disproportionate given the difference in their respective roles and the Crown conceded that the offences were of significantly different seriousness.
The court found that there was a need for a much greater differential between the sentences of the applicant and the co-offender to reflect the disparity in their respective levels of involvement and the seriousness of their offences. The court considered the relevant principles of parity and proportionality in sentencing and concluded that the applicant’s sentence was excessive in comparison to that of the co-offender. The court allowed the appeal, resentenced the applicant to a total effective sentence of 5 years’ imprisonment with a non-parole period of 3 years, and directed that the applicant be given credit for the time already served.
Orders
Orders of the court
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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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