CITATION: R v Yip and Lam [2010] NSWDC 325 HEARING DATE(S): 18 and 19/11/10
JUDGMENT DATE:
14 December 2010JURISDICTION: Criminal JUDGMENT OF: Garling DCJ DECISION: (Yip) Sentenced to a term of imprisonment which consists of a non-parole period of eight years and six months and a total term of thirteen years.
(Lam) Sentenced to a term of imprisonment which consists of a non-parole period of seven years and a total term of eleven years.CATCHWORDS: CRIMINAL - sentence - trafficking commercial quantity of methylampetamine - 52 kilos - ss 302.2(1) Commonwealth Code - maximum penalty life imprisonment - foreign offenders - difficulty in serving sentence LEGISLATION CITED: Commonwealth Code Act 1995 ss 302.2(1)
Crimes Act (Commonwealth) 1914CASES CITED: Hili v The Queen, Jones v The Queen [2010] HCA 45
Maldonado v R [2009] NSWCCA 185
Shen v R [2009] NSWCCA 251
X and Y [2002] NSWCCA 40
Reardon, Michaels and Taylor [2002], NSWCCA 203
Mazzitelli [2002] NSWCCA 436
Leong [2003] NSWCCA 51
Shepherd [2003] NSWCCA 287
El Hani [2004] NSWCCA 162
Twyler and Chalmers [2007] NSWCCA 247
Nguyen and Pham [2010] NSWCCA 238
R v Le [2007] NSWCCA 234PARTIES: Regina
Wai Kit Yip
Fung Yit LamFILE NUMBER(S): 10/19932 (Yip); 10/19990 (Lam) COUNSEL: Mr. I. Lloyd QC (Yip)
Ms. M Fanning (Lam)SOLICITORS: Mr. McGuire and Ms. J. Petersen (Crown)
JUDGMENT
1 Wai Kit Yip pleaded guilty to a charge that on 21 January 2010, at Glendenning, he did traffic in a substance, the substance being a controlled drug, namely, methylamphetamine, the quantity trafficked being a commercial quantity contrary to the Commonwealth Criminal Code.
2 Mr Fung Yit Lam pleaded guilty to an identical charge. Each offence carries a maximum penalty of life imprisonment.
3 The facts which I have been provided with are the facts relating to both offences. They are these: Mr Yip and Mr Lam were arrested on 21 January 2010. On 11 January 2010 a shipping container load of car parts arrived at Melbourne from Hong Kong. The shipment was found to have 52 kilograms of crystal methylamphetamine, commonly known as ice, concealed within twenty-five differentials.
4 On 12 January 2010 a lease agreement for an industrial warehouse at Glendenning, New South Wales was signed by an associate of Jackie Gu, a suspected drug supplier. Some $19,000 was paid in cash for rent, bond, fees, et cetera.
5 On 12 January Gu telephoned Ho, who was in Hong Kong, to confirm that the warehouse had been organised. During this judgment I will refer to Jackie Gu as Gu, and to Man Hong Kong as Ho:
- Gu said “The bunch of stuff has been received.” Ho said, “So tomorrow someone will see John.” Gu said, “That’s right.” Ho said:
“He seems to be leaving tonight. I heard him say by the time you have finished talking with John the full details need not be reported to me, but you will just notify me regarding the getting together at the table. I will sit with…
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- R v Yip and Lam [2010] NSWDC 325
- Case
- [2010] NSWDC 325
- Decision Date
CaseChat Overview and Summary
The court considered various factors, including the respondents' roles in the trafficking operation, their backgrounds, and the potential impact of a lengthy sentence on their ability to serve it. The court also took into account the need for deterrence and the protection of the community. Ultimately, the court determined that a non-parole period of eight years and six months for Yip, and seven years for Lam, followed by a total term of thirteen years and eleven years respectively, was appropriate. This sentence reflects the seriousness of the offence while also considering the practicalities of serving such a lengthy term for foreign nationals.
The court concluded that the sentences imposed strike an appropriate balance between the need for punishment and deterrence, and the practical considerations of executing a lengthy sentence for the respondents. The court was satisfied that the sentences would adequately reflect the gravity of the offence while also considering the unique circumstances of the respondents. The final orders were that Yip be sentenced to a non-parole period of eight years and six months and a total term of thirteen years, and Lam to a non-parole period of seven years and a total term of eleven years.
Orders
Orders of the court
(Yip) Sentenced to a term of imprisonment which consists of a non-parole period of eight years and six months and a total term of thirteen years.
(Lam) Sentenced to a term of imprisonment which consists of a non-parole period of seven years and a total term of eleven years.
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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