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R v Leung

R v Leung

Case [2002] NSWSC 858 18 September 2002

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Reported Decision:
(2002) 134 A Crim R 187

New South Wales

Supreme Court

CITATION: R v Leung [2002] NSWSC 858 revised - 18/09/2002

FILE NUMBER(S): SC 70101/01

HEARING DATE(S): 6/6/02 - 26/7/02
27/8/02, 13/9/02

JUDGMENT DATE: 18 September 2002

PARTIES :

Regina
Michael Sui Kwan Leung

JUDGMENT OF: Wood CJatCL at 1

COUNSEL : R Maidment SC (Crown)
D Brezniak (Leung)

SOLICITORS:
M Poberezny,
(Commonwealth Director of Public Prosecutions)
G Goold (Leung)

CATCHWORDS: CRIMINAL LAW - sentencing - Commonwealth offence - importation of heroin and MDMA into Australia - plea of not guilty - jury verdict of guilty - concealment of narcotics in pineapple cans.

LEGISLATION CITED: Crimes Act 1914 (Cth)
Customs Act 1901

CASES CITED: Olbrich v The Queen (1999) 199 CLR 270
Pearce v The Queen (1999) 194 CLR 610
R v Bernier (1998) 102 A Crim R 44
R v Bigic [2000] NSWCCA 9
R v Bimahendali [1999] NSWCCA 409
R v Bowers NSWCCA 20 June 1997
R v Budiman (1999) 102 A Crim R 411
R v Camus [1999] NSWCCA 425
R v Chebat NSWCCA 25 July 1991
R v Chen [2002] NSWCCA 174
R v Chiap Nam Tam [2001] NSWCCA 438
R v Cordero-Vidal [2002] NSWCCA 36
R v Drazkiewicz NSWCCA 23 November 1993
R v Effendi [2001] NSWCCA 391
R v El Kaharni (1990) 21 NSWLR 370
R v Ferrer-Esis (1991) 55 A Crim R 231
R v Chi Wah Ho [1999] NSWCCA 67
R v Klein (2001) 121 A Crim R 90
R v Laurentiu and Becheru NSWCCA 1 October 1992
R v Pereira (1991) 57 A Crim R 46
R v Power [1999] NSWCCA 25
R v Rocco [2001] NSWCCA 124
R v Salgado-Silva [2001] NSWCCA 36
R v Wong and Leung [2002] NSWCCA 169
Ryan v The Queen [2001] 75 ALJR 815
Wong & Leung v The Queen (2001) 76 ALJR 79

DECISION: Count 1 (MDMA): Fixed term of imprisonment for 14 years, commencing 6 April 2001 and expiring on 5 April 2015.; Count 2 (heroin): Imprisonment for 18 years, to commence 6 April 2003 and expiring on 5 April 2021.; Non parole period of 12 years set, to date from 6 April 2003 and expiring on 5 April 2015

- 16 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

WOOD CJ at CL

Wednesday 18 September 2002

SENTENCE

1 HIS HONOUR: On 11 June 2002, Michael Leung was placed on trial charged with two counts of being knowingly concerned in the importation of narcotic substances, the importation of which is prohibited, pursuant to the now repealed s 233 B(1)(d) of Customs Act 1901, such substances respectively being heroin and 3,4 – methylenedioxymethamphetamine (ecstasy), in quantities not less than the commercial quantity applicable thereto. By its verdict, returned on 26 July 2002, the jury found him guilty of both counts, but acquitted his co accused, Lu Lu of similar charges.

Facts

2 On 5 March 2001, Leung flew to Australia from Canada, and booked into…

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 Leung

Details

AGLC: R v Leung [2002] NSWSC 858
Case: [2002] NSWSC 858
Decision Date: 18 September 2002

CaseChat Overview and Summary

In the case of R v Leung, the defendant was convicted of importing heroin and MDMA into Australia, concealed within pineapple cans. The matter was heard and determined by a court of criminal jurisdiction. Leung pleaded not guilty to the charges but was found guilty by a jury. The primary issue for the court was to determine the appropriate sentence for Leung, considering the severity and nature of the offence.

The court had to consider various factors, including the quantity of drugs involved, the method of concealment, and Leung's criminal history. It was noted that the importation of such a large quantity of dangerous drugs posed a significant threat to public health and safety. The court also had to weigh the need for deterrence and the potential for rehabilitation when determining the sentence. The defence argued for a lesser sentence on the basis of Leung's lack of a significant criminal history and his cooperation with authorities. However, the prosecution emphasised the gravity of the offence and the potential harm caused by the importation of these substances.

After considering all the arguments and evidence presented, the court decided that the seriousness of the offence warranted a significant custodial sentence. The court acknowledged Leung's cooperation but found that it did not sufficiently mitigate the gravity of his actions. The court ultimately sentenced Leung to a term of imprisonment, reflecting the need to both punish the offender and deter others from engaging in similar criminal conduct. The specific details of the sentence, including the length of the term and any additional penalties, were outlined in the court's judgment.

Orders