New South Wales
Court of Criminal Appeal
CITATION: R v Peng GAO; R v Benjamin LIM; Benjamin LIM v R [2007] NSWCCA 343 HEARING DATE(S): 30 August 2007
JUDGMENT DATE:
14 December 2007JUDGMENT OF: Basten JA at 1; Latham J at 2; Rothman J at 46 DECISION: Peng Gao - 1. Dismiss the Crown appeal against sentence ; Benjamin Lim - 1. The prisoner’s application for leave to appeal against sentence allowed; 2. The prisoner’s appeal against sentence dismissed; 3. The Crown appeal allowed and the sentence imposed on the respondent Lim set aside ; 4. On the charge of Supply Large Commercial Quantity of a Prohibited Drug, impose a non parole period of 6 years, to date from 6 August 2006, expiring 5 August 2012, with a balance of term of 3 years and 10 months, expiring 5 June 2016. Mr. Lim is eligible for release on parole from 6 August 2012. CATCHWORDS: CROWN APPEAL - supply commercial quantity and large commercial of ecstasy - supply to undercover police offer - objective gravity of agreement to supply - delay in lodging Crown appeal LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 CASES CITED: R v Chan [1999] NSWCCA 103
Fahs v Regina [2007] NSWCCA 26
R v Truong (2006] NSWCCA 318
R v Sciberras (2006) 165 A Crim R 532 ; [2006] NSWCCA 268
Vu v R [2006] NSWCCA 188
McKibben v R [2007] NSWCCA 89
R v Y [2002] NSWCCA 191PARTIES:
Regina - Crown
Respondent (1) Pen GAO
Respondent (2) Benjamin LIM
FILE NUMBER(S): CCA 2007/3306; 2007/3269; 2007/2952 COUNSEL: Regina - G Rowling
Respondent (Gao) - H Dhanji
Respondent (Lim) - A RadojevSOLICITORS: Regina - S Kavanagh
Respondent (Gao) - S O'Connor
Respondent (Lim) - S O'ConnorLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 06/11/0462; 2007/3269; 2007/2952 LOWER COURT JUDICIAL OFFICER: Berman SC DCJ LOWER COURT DATE OF DECISION: 15 December 2006
29 March 2007
2007/3306
2007/3269
2007/295214 DECEMBER 2007BASTEN JA
LATHAM J
ROTHMAN J
REGINA v Peng GAO
REGINA v Benjamin LIM
Benjamin LIM v REGINA
1 BASTEN JA : In each of these matters, I agree with the orders proposed by Latham J and with her Honour’s reasons.
2 LATHAM J : The Crown appeals against sentences imposed by Berman SC DCJ (the Judge) upon the respondents Gao and Lim in respect of one count of Supply a Large Commercial Quantity of a Prohibited Drug. That offence carries a maximum penalty of life imprisonment and a standard non parole period of 15 years. The Crown also appeals against the sentence imposed by the Judge on the respondent Gao in respect of one count of Supply a Commercial Quantity of a Prohibited Drug. That offence carries a maximum penalty of 20 years imprisonment and a standard non parole period of 10 years imprisonment.
3 Benjamin Lim appeals against the severity of the sentence imposed upon him, principally upon the ground that the Judge failed to give sufficient weight to…
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- AGLC
- R v Gao [2007] NSWCCA 343
- Case
- [2007] NSWCCA 343
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the trial judge had not erred in his assessment of the gravity of the offence. The court noted that the supply of a large quantity of a prohibited drug such as ecstasy was a serious offence that posed a significant risk to public health and safety. The court also found that the delay in lodging the Crown appeal was justified due to the complexity of the case and the need for further investigation and preparation. The Court of Appeal ultimately upheld Gao's conviction and sentence, finding that the trial judge had not made any errors that would warrant a new trial or a reduction in sentence.
The Court of Appeal's decision in R v Gao highlights the seriousness of drug supply offences and the importance of ensuring that the appropriate penalties are imposed. The court's finding that the delay in lodging the Crown appeal was justified also underscores the need for careful consideration and preparation in complex criminal cases. The outcome of this case serves as a reminder to prosecutors and defence lawyers of the need to carefully consider the timing and strategy of any appeal, particularly in cases involving serious drug offences.
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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