SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 12 of 2001
| THE QUEEN |
| v. |
| KAR LEONG LOW |
No. 13 of 2001
| THE QUEEN |
| v. |
| YONG LIANG LOW |
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JUDGES: | WINNEKE, P., CALLAWAY, J.A. and O'BRYAN, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 1 October 2002 | |
DATE OF JUDGMENT: | 23 October 2002 | |
MEDIUM NEUTRAL CITATION: | [2002] VSCA 167 | |
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CRIMINAL LAW - Trafficking in heroin in a quantity not less than the commercial quantity - Possession for sale by two accused - Whether complicity directions necessary - Drugs, Poisons and Controlled Substances Act 1981 ss.5, 70(1), 73(2).
CRIMINAL LAW - Sentencing - Applicants found guilty after trial - Co-offender sentenced six months earlier after plea of guilty - Parity - Whether judge bound to make favourable finding regarding applicants' rehabilitation - Sentence of 16 years' imprisonment with non-parole period of 12½ years severe but not manifestly excessive - Sentencing Act 1991, s. 5(2)(f).
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T. Gyorffy | K. Robertson, Solicitor for Public Prosecutions |
| For the Applicant For the Applicant | Mr D. Grace, Q.C. Mr P.F. Tehan, Q.C. | Pryles & Defteros Pryles & Defteros |
WINNEKE, P.:
For the reasons given by Callaway, J.A., I agree that the application for leave to appeal against conviction by Yong Low should be dismissed. I also agree that the application for leave to appeal against sentence by each of the applicants should be dismissed.
CALLAWAY, J.A.:
After a trial occupying six days, the applicants, who are both aged 36, were found guilty in the County Court on one count of trafficking in heroin in a quantity not less than the commercial quantity prescribed by the Drugs, Poisons and Controlled Substances Act 1981. The applicant Yong Low had one previous conviction in Singapore, but it was of no relevance to sentencing. The applicant Kar Low had no previous convictions. The learned trial judge heard a plea for leniency on behalf of both applicants, who were represented by the same counsel. On 22nd January 2001 his Honour sentenced each of them to 16 years' imprisonment with a non-parole period of twelve-and-a-half years. A co-offender, Gim Lim, had pleaded guilty. On 14th July 2000 his Honour had sentenced Lim to 11 years' imprisonment with a non-parole period of eight-and-a-half years. In every case declarations were made regarding pre-sentence detention.
The applicant Yong Low seeks leave to appeal against both conviction and sentence. The applicant Kar Low had intended to follow the same course, but he has abandoned his application for leave to appeal against conviction and perseveres only with his application for leave to appeal against sentence. Before turning to the three applications, I shall say something briefly about the facts.
The applicants and Lim travelled independently from Singapore to Melbourne. Yong Low arrived on 26th March 1999. Lim, who flew via Malaysia, and Kar Low arrived on 14th and 21st April 1999. Kar Low and Lim completed immigration documents stating that they…
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- AGLC
- R v Low and Low [2002] VSCA 167
- Case
- [2002] VSCA 167
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