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R v Lim, R v Tan

R v Lim, R v Tan

Case [2013] NSWDC 327 9 May 2013

Criminal Liability

Sentencing

Supply Prohibited Drugs

Commercial Quantity

Objective Criminality

Criminal Law

Type to search within this case.

District Court

New South Wales

Case Title: R v Lim, R v Tan

Medium Neutral Citation: [2013] NSWDC 327

Hearing Date(s): 29/04/2013

Decision Date: 09 May 2013

Jurisdiction: Criminal

Before: S Norrish QC

Decision:
Lim - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 5 years with a balance of sentence of 2 years.
Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment consisting of a non parole period of 6 years with a balance of sentence of 3 years.
Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 6 years, 6 months with a balance of sentence of 4 years.

Tan - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period being 5 years with a balance of sentence of 2 ½ years.
Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment by way of non parole period of 6 years with a balance of the sentence of 3 years.
Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 2 ½ years with a balance of sentence of 4 years.

Catchwords: Criminal - Sentence, supply prohibited drugs (heroin) - large commercial/commercial quantity, parity, objective criminality.

Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985

Cases Cited: Thomson and Houlton [2000] NSWCCA 309
Pearce v R (1998) 194 CLR 610
R v Cahyadi (2007) 168 A Crim R 41
R v XX (2009) 195 A Crim R 38
Wong v The Queen (2007) 207 CLR 484
The Queen v Olbrich [1999] 199 CLR 270
R v Buttrose [2011] NSWCCA 35
Markarian v The Queen [2005] HCA 25
R v Muldroch [2011] 244 CLR 120
Jimmy v R [2010] NSWCCA 60
Lau v The Queen [2010] NSWCCA 43
Le v R [2006] NSWCCA 136
Lee v R [2007] NSWCCA 234

Category: Sentence

Parties: The Crown (Cth)
Cheng Coy Lim - offender
Yong Hon Tan - offender

Representation

- Counsel: Mr N Adams - The Crown
Mr Gartelmann - accused Mr Lim
Ms Fanning - accused Mr Tan

File Number(s): 2011/256951
2011/256874

SENTENCE

HIS HONOUR: I propose to impose identical sentences on both prisoners, taking into account the objective and subjective circumstances for reasons I will explain shortly. The total sentence I will impose is fourteen years imprisonment with a non-parole period of ten years. The effective non-parole period of ten years, I obviously have adjusted the non-parole period to reflect two special circumstances, the first special circumstance being the accumulation of sentences, the second special circumstance that may invoke the discretion under s…

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 Lim, R v Tan

Details

AGLC: R v Lim, R v Tan [2013] NSWDC 327
Case: [2013] NSWDC 327
Decision Date: 09 May 2013

CaseChat Overview and Summary

Lim and Tan were before the court on charges relating to the supply of heroin and methylamphetamine in commercial and large commercial quantities. The court was tasked with determining appropriate sentences for the defendants in accordance with the relevant statutory provisions and sentencing principles. The legal issues before the court included the appropriate weight to be given to the volume of drugs supplied, the need for parity in sentencing between co-offenders, and the relevance of objective criminality in assessing culpability.

The court considered the gravity of the offences, emphasising the significant harm caused by the supply of prohibited substances. In determining the sentences, the court applied the principles of objective criminality, taking into account the quantity and type of drugs supplied. The court also assessed the defendants' roles in the criminal activities and the need for deterrence and denunciation. In applying the principle of parity, the court aimed to ensure that similar sentences were imposed on co-offenders who played comparable roles in the criminal enterprise.

After considering the evidence and arguments presented, the court sentenced Lim to a term of imprisonment for each offence, with specified non-parole periods and balances of the sentence. Similarly, Tan was sentenced to imprisonment for each offence, with non-parole periods and balances of the sentence as determined by the court. The court emphasised the need for the sentences to reflect the seriousness of the offences and to serve as a deterrent to others involved in similar criminal activities.

The final orders of the court were that Lim and Tan were each sentenced to imprisonment for various offences of supplying prohibited drugs in commercial and large commercial quantities, with specific non-parole periods and balances of the sentence for each offence. The sentences were designed to reflect the gravity of the offences and to achieve the objectives of punishment, deterrence, and denunciation.

Orders

Orders of the court

Lim - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 5 years with a balance of sentence of 2 years.

Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment consisting of a non parole period of 6 years with a balance of sentence of 3 years.

Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 6 years, 6 months with a balance of sentence of 4 years.

Tan - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period being 5 years with a balance of sentence of 2 ½ years.

Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment by way of non parole period of 6 years with a balance of the sentence of 3 years.

Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 2 ½ years with a balance of sentence of 4 years.

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.

Citations

AGLC Citation

R v Lim, R v Tan [2013] NSWDC 327

Most Recent Citation

R v Pincham [2014] NSWDC 363

Cases citing this decision · 1 of 1 shown

R v Pincham
[2014] NSWDC 363

…Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Cases Cited: R v Lim, R v Tan [2013] NSWDC 327 DPP (Cth) v De La Rosa [2010] NSWCCA 194 R v Hemsley [2004] NSWCCA 228 R v Henry (1999) 46 NSWLR 346 Markarian v R (2005) 228 CLR 357 Muldrock v The…

View all 1 citing cases →

Cases cited in this decision · 13 of 13 shown

Muldrock v The Queen
[2011] HCA 39 Para 12

…ch case, but in fixing the non parole period and considering the standard non parole period I note what was said by the High Court in Muldrock [2011] 244 CLR 120 and particularly the Court's conclusion that in fixing the non parole period in a case involving a standard non parole period is one part of the larg…
Buttrose v R
[2011] NSWCCA 35

…ahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 13…
Jimmy v R
[2010] NSWCCA 60

…The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category: Sentence Parties: The Crown (Cth) Cheng Coy Lim - offende…
Lau v R
[2010] NSWCCA 43

…LR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category: Sentence Parties: The Crown (Cth) Cheng Coy Lim - offender Yong Hon Tan - offender Represe…
R v Lee
[2007] NSWCCA 234

…he Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category: Sentence Parties: The Crown (Cth) Cheng Coy Lim - offender Yong Hon Tan - offender Representation - Counsel: Mr N Adams - The Crown Mr Gartel…
Le v R
[2006] NSWCCA 136

…1] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category: Sentence Parties: The Crown (Cth) Cheng Coy Lim - offender Yong Hon Tan - offender Representation - Counsel: Mr N A…
Markarian v The Queen
[2005] HCA 25

…009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category…
Wong v The Queen
[2001] HCA 64

…omson and Houlton [2000] NSWCCA 309 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [201…
Morawski v State Rail Authority
[2000] NSWCCA 309

…ective criminality. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Thomson and Houlton [2000] NSWCCA 309 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich…
R v Olbrich
[1999] HCA 54 Para 24

…m was more senior than Tan then objectively his criminality is greater. This analysis is, with respect, flawed. I refer to The Queen v Olbrich [1999] 199 CLR 270, for example in the decision of the majority at [19] - [21].…
Pearce v The Queen
[1998] HCA 57

…on Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Thomson and Houlton [2000] NSWCCA 309 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttros…
Bugmy v The Queen
[1990] HCA 18 Para 9

…differ depending upon the relevant section or part of the sentence to be determined (see R v MA [2004] 145 A Crim R 434 and Bugmy v The Queen [1990] 169 CLR 525). In assessing the sentences and the non parole periods, noting those principles, I note that the subjective circumstances of the prisoners are not r…
Power v The Queen
[1974] HCA 26 Para 8

…I note that the non parole period is the minimum period of imprisonment which the crime for sentence requires to be served ( Power v The Queen [1994] 131 CLR 623).…

Legislation cited in this decision · 3

Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention
Drug Misuse and Trafficking Act 1985 (NSW)
1 mention
Evidence Act 1995 (Cth)
1 mention (from Para 21)

Case Title:	R v Lim, R v Tan
Medium Neutral Citation:	[2013] NSWDC 327
Hearing Date(s):	29/04/2013
Decision Date:	09 May 2013
Jurisdiction:	Criminal
Before:	S Norrish QC
Decision:	Lim - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 5 years with a balance of sentence of 2 years. Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment consisting of a non parole period of 6 years with a balance of sentence of 3 years. Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 6 years, 6 months with a balance of sentence of 4 years. Tan - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period being 5 years with a balance of sentence of 2 ½ years. Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment by way of non parole period of 6 years with a balance of the sentence of 3 years. Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 2 ½ years with a balance of sentence of 4 years.
Catchwords:	Criminal - Sentence, supply prohibited drugs (heroin) - large commercial/commercial quantity, parity, objective criminality.
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	Thomson and Houlton [2000] NSWCCA 309 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234
Category:	Sentence
Parties:	The Crown (Cth) Cheng Coy Lim - offender Yong Hon Tan - offender
Representation
- Counsel:	Mr N Adams - The Crown Mr Gartelmann - accused Mr Lim Ms Fanning - accused Mr Tan
File Number(s):	2011/256951 2011/256874