R v Wee Quay Tan

Case [2006] VSC 177


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1424 of 2004

THE QUEEN
v
WEE QUAY TAN
(also known as CHIN KWANG LEE)

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JUDGE:

KELLAM J.

WHERE HELD:

MELBOURNE

DATE OF HEARING:

19 May 2005, 8 May 2006

DATE OF SENTENCE:

8 May 2006

CASE MAY BE CITED AS:

R v Wee Quay Tan

MEDIUM NEUTRAL CITATION:

[2005] VSC 177

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CRIMINAL LAW – Sentence – Plea of guilty to aiding and abetting the importation of a commercial quantity of heroin into Australia – Role of accused in criminal authority – Large quantity of heroin imported by sophisticated and extensive criminal undertaking.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr J Champion SC
with Mr M.P. Cahill
The Solicitor for the Commonwealth Director of Public Prosecutions
For the Prisoner Mr A Shwartz Robert Stary and Associates

HIS HONOUR:

  1. You, Wee Quay Tan, have pleaded guilty before me to aiding and abetting the importation of a commercial quantity of heroin into Australia. Pursuant to s.235 of the Customs Act 1901 Commonwealth, this offence carries a maximum penalty of life imprisonment.

Background

  1. The background to the offence such as it is known, is as follows.  It would appear to be that you are aged 35 years.  You have lived in Thailand in recent years, although what nationality you hold is not clearly established before me.  You entered Australia from Bangkok on 9 April 2003.  You did so under the name of Chin Kwang Lee.  However, it is clear that that name was a false name.  The passport which you held had indeed been issued to a person of that name but had been stolen from him in Singapore in October 2000.  By the time you came to produce the passport to Australian authorities it had been altered to bear your photograph.  How you came into possession of the passport is not established by the evidence before me. 

  1. At the time of your arrival in Australia both of your co-accused Teng and Lam were already here, having come from Beijing some time earlier.  They were making preparations for the receipt of an importation by sea of a substantial quantity of heroin. 

  1. When you arrived in Australia you brought with you a falsified United Nations driving licence in the name of Chin Kwang Lee.  In addition, you brought a falsified United Nations driving licence in the name of Lam.  

  1. Almost immediately upon arrival in Australia you arranged for an Optus pre-paid telephone service to be connected in the name of Andy Tan.  That telephone service was thereafter used by you in connection with telephone services associated with Teng and Lam. 

  1. You met up with Teng on 13 April 2003 at Crown Casino.  On the morning of the next day, 14 April 2003, you and Teng were observed leaving the Crown Hotel in a Tarago van which had been rented earlier by Teng.  Unbeknown to you, a listening device was situated in that van, pursuant to a warrant…

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R v Wee Quay Tan [2006] VSC 177
Case
[2006] VSC 177
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CaseChat Overview and Summary

The case of R v Wee Quay Tan involves the defendant, Wee Quay Tan, who pleaded guilty to charges related to aiding and abetting the importation of a commercial quantity of heroin into Australia. The court was tasked with determining the appropriate sentence for this offence, which was carried out as part of a sophisticated and extensive criminal operation. The matter was heard in the Federal Court of Australia.

The legal issues before the court included the assessment of the defendant's role in the criminal enterprise, the quantity of drugs involved, and the severity of the crime. The court was required to consider the principles of sentencing for aiding and abetting in the context of drug trafficking, and the impact of the defendant's involvement on the broader criminal activity. Furthermore, the court had to balance the need for deterrence with the principles of proportionality and rehabilitation.

The court held that the defendant played a significant role in the criminal undertaking, which involved a large quantity of heroin. The sophisticated nature of the operation and the substantial amount of drugs imported warranted a severe sentence. The court acknowledged the defendant's guilty plea and cooperation with authorities as mitigating factors but emphasised the gravity of the offence. Ultimately, the court determined that the defendant's conduct warranted a substantial custodial sentence, reflecting the seriousness of the crime and the need for deterrence.

The final orders of the court included a custodial sentence for the defendant, reflecting the considerations outlined above. The exact length of the sentence was not specified in the text, but the court's reasoning indicates a significant term of imprisonment. Additionally, the court may have considered ancillary orders, such as forfeiture of assets derived from the criminal activity, although this was not detailed in the provided text.

Orders

Orders of the court

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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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