R v Bin Li and Kun Wang - [2013] NSWDC 211

District Court

New South Wales

Medium Neutral Citation: R v Bin LI and Kun WANG [2013] NSWDC 211
Decision date: 23 August 2013
Before: Cogswell SC DCJ
Decision:
Li: For 4 offences - make, or possess equipment to make, a false document (x2); possess equipment capable of making identification documents intending documents be used to commit a serious offence; supply a prohibited drug (methylamphetamine) - an aggregate sentence of 7 years and 6 months imprisonment, non-parole period of 4 years and 7 months. Form 1 for knowingly deal with proceeds of crime taken into account for offence of supply a prohibited drug.
Wang: For offence of knowingly deal with proceeds of crime, sentenced to 2 years and 3 months imprisonment, non-parole period 1 year and 2 months. Order directing Ms Wang's release on parole on 14 October 2014.

Catchwords: CRIMINAL LAW - Particular offences - manufacturing credit and identification cards - extensive, well organised operation - sophisticated plant and equipment - shoppers used cards to purchase luxury goods which were on-sold for cash. Sentence - Li relevant factors - nature of offences - identity card offences preparatory, credit card offences participatory - priors for fraud and dishonesty offences significant in context of these offences - rehabilitation - commenced courses in custody - nature and circumstances of offender - gambling addiction - response to charges - remorse - letter to Court - plea of guilty - 25 per cent discount - special circumstances - first full-time custodial sentence, additional time on parole to pursue rehabilitation due to better availability of interpreter in his dialect in the community - Wang relevant factors - nature of offence - role less than co-offender but operative in putting scheme into action - used cards to purchase luxury goods - facilitator of serious criminal activity - no prior criminality - nature and circumstances of offender - plea of guilty - 25 per cent discount - special circumstances - first time in custody, need to resume her employment and role as carer in her family.
Legislation Cited: Confiscation of Proceeds of Crime Act 1989.
Crimes Act 1900, s 192L, s 193B(2), s 256(1).
Crimes (Sentencing Procedure) Act 1999, s 50, s 53A.
Drug Misuse and Trafficking Act 1985, s 25(1), s 39P.
Cases Cited: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357.
R v Guo [2010] NSWCCA 17; (2010) 201 A Crim R 403.
Thorn v R [2009] NSWCCA 294; (2009) 198 A Crim R 135.
Tsakonas v R [2009] NSWCCA 258; (2009) 197 A Crim R 581.
Category: Sentence
Parties: Regina (Crown)
Bin Li (Offender)
Kun Wang (Offender)
Representation: Counsel:
T Watts (Offender - Li)
T Gartelmann (Offender - Wang)
Solicitors:
T C Spohr, Office of Director of Public Prosecutions (Crown)

File Number(s): DC 2011/332165 (Li) DC 2011/334859 (Wang)

REMARKS ON SENTENCE

Almost everyone has had to go to some trouble to obtain a credit card. They fill in forms and have their credit rating assessed…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bin Li and Kun Wang

Details

AGLC: R v Bin Li and Kun Wang [2013] NSWDC 211
Case: [2013] NSWDC 211
Decision Date: 23 August 2013

CaseChat Overview and Summary

In the case of R v Bin Li and Kun Wang, the defendants were found guilty of engaging in an extensive and well-organised operation involving the manufacturing of credit and identification cards. These cards were used by shoppers to purchase luxury goods, which were then on-sold for cash. The defendants were brought before the court to determine their sentences for various offences, including the manufacture and possession of equipment to make false documents, and dealing with the proceeds of crime. The case required the court to consider the nature and severity of the offences, the defendants' prior criminal history, and their personal circumstances.

The primary legal issues before the court were the appropriate sentences for the defendants, considering the extensive nature of the operation and the roles each defendant played. For Bin Li, the court needed to balance the significant prior criminal history of fraud and dishonesty offences against the fact that this was his first full-time custodial sentence. Factors such as the commencement of courses in custody, his gambling addiction, and his expressed remorse through a letter to the court were also considered. For Kun Wang, the court examined her role in the operation, which was less significant than Li's, her lack of prior criminal history, and her plea of guilty. Additionally, her special circumstances, including the need to resume her employment and carer role in her family, were taken into account.

The court found that Li's offences warranted a substantial sentence, reflecting the sophisticated nature of the operation and his prior criminal history. Despite his first full-time custodial sentence, the court acknowledged the need for additional time on parole to allow Li to pursue rehabilitation, given the better availability of an interpreter in his dialect in the community. Li received an aggregate sentence of 7 years and 6 months imprisonment, with a non-parole period of 4 years and 7 months. Wang, on the other hand, received a sentence of 2 years and 3 months imprisonment, with a non-parole period of 1 year and 2 months. An order was made for Wang's release on parole on 14 October 2014, considering her circumstances and the fact that this was her first time in custody.

The court's orders were that Bin Li was to serve a total of 7 years and 6 months imprisonment for the offences, with a non-parole period of 4 years and 7 months. Kun Wang was sentenced to 2 years and 3 months imprisonment, with a non-parole period of 1 year and 2 months, and an order was made for her release on parole on 14 October 2014. The court's decision reflected a careful consideration of the defendants' roles, prior criminal history, and personal circumstances in determining the appropriate sentences.

Orders

Orders of the court

Li: For 4 offences - make, or possess equipment to make, a false document (x2); possess equipment capable of making identification documents intending documents be used to commit a serious offence; supply a prohibited drug (methylamphetamine) - an aggregate sentence of 7 years and 6 months imprisonment, non-parole period of 4 years and 7 months. Form 1 for knowingly deal with proceeds of crime taken into account for offence of supply a prohibited drug.

Wang: For offence of knowingly deal with proceeds of crime, sentenced to 2 years and 3 months imprisonment, non-parole period 1 year and 2 months. Order directing Ms Wang's release on parole on 14 October 2014.

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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Medium Neutral Citation:	R v Bin LI and Kun WANG [2013] NSWDC 211
Decision date:	23 August 2013
Before:	Cogswell SC DCJ
Decision:	Li: For 4 offences - make, or possess equipment to make, a false document (x2); possess equipment capable of making identification documents intending documents be used to commit a serious offence; supply a prohibited drug (methylamphetamine) - an aggregate sentence of 7 years and 6 months imprisonment, non-parole period of 4 years and 7 months. Form 1 for knowingly deal with proceeds of crime taken into account for offence of supply a prohibited drug. Wang: For offence of knowingly deal with proceeds of crime, sentenced to 2 years and 3 months imprisonment, non-parole period 1 year and 2 months. Order directing Ms Wang's release on parole on 14 October 2014.
Catchwords:	CRIMINAL LAW - Particular offences - manufacturing credit and identification cards - extensive, well organised operation - sophisticated plant and equipment - shoppers used cards to purchase luxury goods which were on-sold for cash. Sentence - Li relevant factors - nature of offences - identity card offences preparatory, credit card offences participatory - priors for fraud and dishonesty offences significant in context of these offences - rehabilitation - commenced courses in custody - nature and circumstances of offender - gambling addiction - response to charges - remorse - letter to Court - plea of guilty - 25 per cent discount - special circumstances - first full-time custodial sentence, additional time on parole to pursue rehabilitation due to better availability of interpreter in his dialect in the community - Wang relevant factors - nature of offence - role less than co-offender but operative in putting scheme into action - used cards to purchase luxury goods - facilitator of serious criminal activity - no prior criminality - nature and circumstances of offender - plea of guilty - 25 per cent discount - special circumstances - first time in custody, need to resume her employment and role as carer in her family.
Legislation Cited:	Confiscation of Proceeds of Crime Act 1989. Crimes Act 1900, s 192L, s 193B(2), s 256(1). Crimes (Sentencing Procedure) Act 1999, s 50, s 53A. Drug Misuse and Trafficking Act 1985, s 25(1), s 39P.
Cases Cited:	Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357. R v Guo [2010] NSWCCA 17; (2010) 201 A Crim R 403. Thorn v R [2009] NSWCCA 294; (2009) 198 A Crim R 135. Tsakonas v R [2009] NSWCCA 258; (2009) 197 A Crim R 581.
Category:	Sentence
Parties:	Regina (Crown) Bin Li (Offender) Kun Wang (Offender)
Representation:	Counsel: T Watts (Offender - Li) T Gartelmann (Offender - Wang) Solicitors: T C Spohr, Office of Director of Public Prosecutions (Crown)
File Number(s):	DC 2011/332165 (Li) DC 2011/334859 (Wang)