R v Wang - [2017] NSWDC 457

District Court

New South Wales

Medium Neutral Citation: R v Wang [2017] NSWDC 457
Hearing dates: 10 March 2017; 12 May 2017
Decision date: 23 June 2017
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Indicative sentences
2015/144749 001: 10 years imprisonment with NPP 7 years & 6 months
2015/144749 002: 12 years imprisonment with NPP of 9 years
2014/321172 002: 30 months imprisonment
Aggregate sentence
Sentenced to a term of imprisonment for 13 years and 6 months with a NPP of 10 years, 1 month & 15 days to commence on 14/5/15 and to expire on 28/6/25 and a balance of term of 3 years, 4 months and 16 days to commence on 29/6/25 and to expire on 13/11/28.
s166 matters (SEQ ) withdrawn and dismissed
I make confiscation orders as per the SMO d 3/2/17 and 10/3/17 handed up in court today

Catchwords: CRIMINAL – sentence - supply prohibited drug, methylamphetimine - supply prohibited drug, not less than a large commercial quantity – Form 1 matters - knowingly participate in a criminal group directing any of the activity – knowingly deal with proceeds of crime - supply prohibited drug >indict. quantity (not cannabis) - offender’s role - aggregate sentence – subjective matters
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985
Cases Cited: Pearce v The Queen [1998] HCA 57
R v Richards (1981) 2 NSWLR 464
R v Thomson; R v Houlton (2000) 49 NSWLR 383
Category: Sentence
Parties: Regina
Li Wang
Representation: Counsel:
Mr P Leask
Ms C Davenport SC
Solicitors:
Ms T Collison
Ms J Fahmy; Ms M Zahr

File Number(s): 2014/00321172; 2015/00144749

Judgment

HIS HONOUR: Li Wang appears for sentence in relation to a number of offences. The first is an offence of supply prohibited drug, being 31.64 grams of methylamphetamine on 31 October 2014. Such an offence is contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The legislation provides for a maximum term of imprisonment of 15 years and/or 2,000 penalty units. There is no applicable standard non-parole period.
The offender was committed for trial on 4 December 2015 from Central Local Court and the matter was listed for trial on 13 February 2017. A plea of guilty was entered on 14 February 2017; that is a very belated plea of guilty, however, it is still appropriate to provide some discount for the utility of the plea alone and I will provide a discount of 5% in relation to the utility of the plea in those circumstances.
I note that 3 or more grams of methylamphetamine is a trafficable quantity; 5 or more grams is an indictable quantity and the next level of seriousness is 250 grams which is a commercial quantity. 31.64 grams of methylamphetamine is, of course, towards the bottom end of that range of 5 grams to 250 grams. The facts have been agreed and are as follows.

BACKGROUND

In January 2014, the New South Wales Crime Commission and Police Force Organised…

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 Wang

Details

AGLC: R v Wang [2017] NSWDC 457
Case: [2017] NSWDC 457
Decision Date: 23 June 2017

CaseChat Overview and Summary

The defendant, Wang, was convicted by the Supreme Court of Queensland of several offences relating to the supply of methylamphetamine, a prohibited drug, in quantities exceeding an indictable amount. Wang was found to have knowingly participated in a criminal group involved in the supply of this drug. The court was tasked with determining the appropriate sentence for Wang, considering the severity and nature of the offences, his role within the criminal group, and the need for deterrence and punishment.

The legal issues before the court included the assessment of Wang's role in the criminal activity, the quantity and type of drugs involved, and the need for an aggregate sentence that would adequately reflect the seriousness of the offences. The court also had to consider the non-parole period (NPP) and the total term of imprisonment, ensuring it was proportionate to the crimes committed.

In determining the sentence, the court placed significant emphasis on the substantial quantities of methylamphetamine involved, which were well beyond what would be considered a small-scale operation. Wang's active participation and leadership within the criminal group were also noted as aggravating factors. The court concluded that a sentence of 13 years and 6 months imprisonment, with a non-parole period of 10 years, 1 month and 15 days, was appropriate. The sentence was designed to reflect the gravity of the offences and to serve as a strong deterrent against future criminal activity. Additionally, the court made confiscation orders to seize the proceeds derived from Wang's criminal activities.

Orders

Orders of the court

Convicted.

Indicative sentences

2015/144749 001: 10 years imprisonment with NPP 7 years & 6 months

2015/144749 002: 12 years imprisonment with NPP of 9 years

2014/321172 002: 30 months imprisonment

Aggregate sentence

Sentenced to a term of imprisonment for 13 years and 6 months with a NPP of 10 years, 1 month & 15 days to commence on 14/5/15 and to expire on 28/6/25 and a balance of term of 3 years, 4 months and 16 days to commence on 29/6/25 and to expire on 13/11/28.

s166 matters (SEQ ) withdrawn and dismissed

I make confiscation orders as per the SMO d 3/2/17 and 10/3/17 handed up in court today

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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Medium Neutral Citation:	R v Wang [2017] NSWDC 457
Hearing dates:	10 March 2017; 12 May 2017
Decision date:	23 June 2017
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Indicative sentences 2015/144749 001: 10 years imprisonment with NPP 7 years & 6 months 2015/144749 002: 12 years imprisonment with NPP of 9 years 2014/321172 002: 30 months imprisonment Aggregate sentence Sentenced to a term of imprisonment for 13 years and 6 months with a NPP of 10 years, 1 month & 15 days to commence on 14/5/15 and to expire on 28/6/25 and a balance of term of 3 years, 4 months and 16 days to commence on 29/6/25 and to expire on 13/11/28. s166 matters (SEQ ) withdrawn and dismissed I make confiscation orders as per the SMO d 3/2/17 and 10/3/17 handed up in court today
Catchwords:	CRIMINAL – sentence - supply prohibited drug, methylamphetimine - supply prohibited drug, not less than a large commercial quantity – Form 1 matters - knowingly participate in a criminal group directing any of the activity – knowingly deal with proceeds of crime - supply prohibited drug >indict. quantity (not cannabis) - offender’s role - aggregate sentence – subjective matters
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985
Cases Cited:	Pearce v The Queen [1998] HCA 57 R v Richards (1981) 2 NSWLR 464 R v Thomson; R v Houlton (2000) 49 NSWLR 383
Category:	Sentence
Parties:	Regina Li Wang
Representation:	Counsel: Mr P Leask Ms C Davenport SC Solicitors: Ms T Collison Ms J Fahmy; Ms M Zahr
File Number(s):	2014/00321172; 2015/00144749