R v Lai; R v Wu

Case [2019] NSWDC 771

District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Lai; R v Wu [2019] NSWDC 771
Hearing dates: 19 August 2019; 26 August 2019
Date of orders: 26 August 2019
Decision date: 26 August 2019
Jurisdiction:Criminal
Before: M L Williams SC DCJ
Decision:

Lai: A term of imprisonment of 12 years with an non-parole period of 8 years: at [58].
Wu: A term of imprisonment of 15 years with a non-parole period of 10 years: at [58].

Catchwords: SENTENCING — Federal offenders — Relevant considerations
SENTENCING — Relevant factors on sentence — General principles — Co-offenders — Objective seriousness — Purposes of sentencing — Deterrence — General deterrence
SENTENCING — Subjective considerations on sentence — Hardship
SENTENCING — Penalties — Imprisonment
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code (Cth)
Cases Cited: Anderson [2008] NSWDC 30
Chan [2001] NSWCCA 247
Chan v R; Lo; R Nguyen v R [2010] NSWCCA 153
Cheun v R [2009] NSWCCA 116
Dao [2011] NSWCCA 183
Handlen [2015] QCA 292
Hili v R; Jones v R (2010) 242 CLR 520
Ibrahim v R [2016] NSWCCA 6
Imbornone v R [2017] NSWCCA 144
Kuo v R; Huang v R; Shih v R [2018] NSWCCA 270
Lau v R [2014] NSWCCA 179
Lim; Tee [2018] NSWSC 44
Nguyen [2012] VSCA 119
Nguyen (2010) 205 A Crim R 106
Pham; Tang [2012] VSCA 101
R v Franze [2013] VSC 421
R v Pham; R v Tran; R v Dang; Ex parte Director of Public Prosecutions (Cth) [2017] QCA
R v Qutami (2001) 127 A Crim R 396
R v Riddell (2009) 194 Crim R 524
Teng v R; Lam v R; Tan v R; Wong v R [2009] VR 706
Tyler [2007] NSWCCA 247
Wang v R [2010] NSWCCA 319
Wong v The Queen; Leung v The Queen (2001) 207 CLR 854
Xiao v R [2018] NSWCCA 2
Yu v R [2016] NSWCCA 73
Yuan [2015] NSWCCA 198
Texts Cited: Nil
Category:Sentence
Parties:

Regina (Crown)

 

Wei Han Lai (Offender)

  Po Wu (Offender)
Representation:

Mr A Hughes (Crown)

 

Mr G Scragg (Offender – Lai)

  Ms N Carroll (Offender – Wu)
File Number(s): 2018/146267; 2018/146236

Judgment

  1. Two Taiwanese nationals, Po Wu, aged 24, and Wei Han Lai, aged 31, appear for sentence in relation to the importation of 200 kilograms of methamphetamine, (160 kilograms pure), with a street value between $30 million and $80 million. Both have pleaded guilty to a count under s 307.5(1) of the Criminal Code (Cth), of attempting to possess a commercial quantity of an unlawfully imported border controlled drug, which carries a maximum penalty of life imprisonment.

  2. Both have been in custody since 9 May 2018 and it is common ground that a term of full time imprisonment is required and should commence on that date.

  3. The methamphetamine was contained in 200, one kilogram packets secreted into the base of two metal lathes, which were reported in a consignment on behalf of a company known as Anyink International Home Appliances…

Continue reading R v Lai; R v Wu

Sign in free to access the full text

Details
AGLC
R v Lai; R v Wu [2019] NSWDC 771
Case
[2019] NSWDC 771
Decision Date

CaseChat Overview and Summary

Lai and Wu were convicted of multiple counts of drug trafficking and faced sentencing in the High Court. The court had to determine the appropriate terms of imprisonment for each defendant, considering various legal principles and factors. The key issues revolved around the objective seriousness of the crimes, the purposes of sentencing, including deterrence, and the subjective considerations of hardship for each defendant. The court assessed the role each played in the drug trafficking operation, the quantity of drugs involved, and the potential impact on the community.

The court began by examining the objective seriousness of the offences, which involved significant quantities of drugs and were part of a sophisticated trafficking operation. It considered the role each defendant played and the potential for general deterrence. Lai's involvement was deemed less central compared to Wu's, who played a more significant role in the operation. The court also took into account the defendants' backgrounds, including their age and personal circumstances, to assess the subjective considerations of hardship. Ultimately, the court balanced these factors to arrive at sentences that reflected the gravity of the crimes while also considering individual circumstances.

In delivering the sentences, the court held that Lai should be sentenced to a term of imprisonment of 12 years with a non-parole period of 8 years. For Wu, the court imposed a sentence of 15 years with a non-parole period of 10 years, reflecting his more significant role in the trafficking operation. The court emphasised the need for appropriate deterrence given the scale and nature of the offences. The detailed sentencing reasons provided insight into how the court weighed various factors to arrive at the final terms of imprisonment for each defendant.

Orders

Orders of the court

Lai: A term of imprisonment of 12 years with an non-parole period of 8 years: at [58].

Wu: A term of imprisonment of 15 years with a non-parole period of 10 years: at [58].

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.