R v Kevin Na; R v Robin Na

The applicants, Kevin Na and Robin Na, were convicted of trafficking in a commercial quantity of a prohibited drug and trafficking in a substantial commercial quantity of a prohibited drug, respectively. The matters were heard in the County Court of Victoria. The primary legal issue was the appropriate sentence for Kevin Na, and whether the sentence imposed was manifestly excessive. The court also considered whether exceptional circumstances existed to warrant a departure from the sentencing guidelines for Robin Na.

The court noted that the sentence for Kevin Na was well within the range of sentences that could be imposed for such an offence, and that there were no exceptional circumstances that warranted a departure from the guidelines. The court also found that the sentence for Robin Na was appropriate, given the circumstances of the case. The court took into account the fact that Robin Na had pleaded guilty and shown remorse, and that he had no previous convictions. The court also considered the impact of the offence on the community and the need to deter others from engaging in similar conduct.

The court rejected the applicants' arguments that the sentences imposed were manifestly excessive and that there were exceptional circumstances that warranted a departure from the sentencing guidelines. The court found that the sentences were appropriate and proportionate to the offending, and that there were no exceptional circumstances that warranted a departure from the guidelines. The court also noted that the applicants had not demonstrated that the sentences imposed were unjust or disproportionate to the offending.

The final orders were that Kevin Na be sentenced to 12 months imprisonment, and that Robin Na be subject to an Intensive Correction Order Assessment.