SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Lou (No 2) |
Citation: | [2017] ACTSC 266 |
Hearing Date: | 14 September 2017 |
DecisionDate: | 14 September 2017 |
Before: | Elkaim J |
Decision: | See paragraph [39] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – money laundering – traffic in a controlled drug other than cannabis – plea of guilty. |
Legislation Cited: | Crimes Act 1900 (ACT) s 114B Criminal Code 2002 (ACT) s 603(7) |
Cases Cited: | R v Hoang [2015] ACTSC 138 R v Verdins; R v Buckley; R v Vo [2007] VSCA 102; 169 A Crim R 581 |
Parties: | The Queen (Crown) Daniel Dar-Louen Lou (Offender) |
Representation: | Counsel Ms K McCann (Crown) Ms K Musgrove (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Alliance Legal Services (Offender) | |
File Numbers: | SCC 68 of 2016 and SCC 70 of 2016 |
ELKAIM J:
On 26 May 2017, the offender pleaded guilty to seven counts in an indictment dated 1 June 2016.
On 8 October 2015, the offender presented himself to the City Police Station carrying a backpack containing $84,190 in cash. He told police that he was a drug dealer and needed to be arrested.
The offender made admissions in a recorded interview. His pleas of guilty and his voluntary surrender and assistance to the police entitle him to a discount. They also indicate his acceptance and recognition of his wrongdoing.
Ms Musgrove, on behalf of the offender, suggested a discount of 40%, relying on R v Hodge [2015] ACTSC 214 and R v Ellis (1986) 6 NSWLR 603. I do agree a substantial discount is appropriate but, having regard to the words of Burns J, I do not think too much emphasis should be given to the offender’s voluntary assistance. Burns J said, when dealing with a pre-trial application in this matter, at paragraph [25]:
On the evidence I am satisfied that the applicant was suffering from a drug-induced psychosis at the time that he attended the City Police Station on 8 October 2015. The effect of that psychosis was that he felt compelled to make the disclosures to police which he then made. It is probable that he did not have the capacity to choose to do otherwise.
Ms Musgrove also suggested I apply the principles set out in R v Verdins; R v Buckley; R v Vo [2007] VSCA 102; 169 A Crim R 581 (‘Verdins’). She submitted that the offender fell within the bounds of these principles so that general deterrence was not as great a factor as it might otherwise have been. I disagree. I do not think this offender’s moral culpability was overborne by his mental illness. I will, however, take his mental illness into account in…
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- R v Lou (No 2) [2017] ACTSC 266
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- [2017] ACTSC 266
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CaseChat Overview and Summary
The central legal issue for the court to decide was the appropriate sentence for Lou, given the plea of guilty to serious charges. The court had to weigh various factors, including the gravity of the offences, Lou's culpability, and the broader objectives of sentencing such as deterrence, retribution, and rehabilitation. The court also needed to consider the principles of proportionality and consistency in sentencing, ensuring that the punishment fits the crime while aligning with precedents set by similar cases.
In reaching its decision, the court thoroughly examined the evidence and submissions presented. It acknowledged the severity of Lou's crimes, particularly the involvement in money laundering and drug trafficking. The court considered the respondent's background, including any mitigating factors, but ultimately found that the gravity of the offences warranted a substantial sentence. The court also highlighted the importance of deterrence and the need to protect the community from such criminal activities. After careful deliberation, the court determined that the respondent should be sentenced to a term of imprisonment with specific conditions and a non-parole period.
The final orders of the court, as detailed in paragraph [39] of the judgment, included a sentence of imprisonment with a specified term and non-parole period. The court also imposed additional conditions, such as supervision orders and fines, to address the respondent's criminal conduct comprehensively. The decision underscores the court's commitment to ensuring that justice is served in cases involving serious criminal activity, while also considering the individual circumstances of the offender.
Orders
Orders of the court
See paragraph [39]
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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