R v Chen

In the case of the Queen versus Yen Hua Chen, the defendant was sentenced for his involvement in the importation and supply of a large quantity of methamphetamine. The primary charge against Chen was possession for supply, following his guilty plea to charge 2. The Crown had initially laid several charges, but these were dropped in light of Chen's guilty plea. The sentencing hearing took place on 13 December 2016, with both Crown and defence counsel present. The legal issues before the court were primarily around the appropriate starting point for sentencing and the applicable discounts for Chen's plea of guilty and his previously unblemished record. The Crown argued for a starting point of at least 20 years' imprisonment, referencing the case of R v Fatu, and noting that the amount of methamphetamine involved warranted a significant sentence. The defence, on the other hand, contended that a starting point of around 17 to 18 years would be more appropriate, given Chen's role as a "catcher" and the lesser degree of culpability in possession for supply cases.

The court considered the extensive quantity of the drugs involved, which amounted to 39.6 kilograms of crystals with a purity of 76%, equivalent to approximately 30 kilograms of pure methamphetamine. It was clear from the evidence that Chen played a crucial role in the operation, although he was not directly involved in the importation. The court determined that the appropriate starting point for sentencing was 18 years' imprisonment, acknowledging the significant quantity of drugs involved but also considering the defence's arguments regarding Chen's lesser role in the supply chain. After applying the discounts for Chen's plea of guilty and his good character, the court arrived at an indicative end sentence of 12 years and six months' imprisonment. The court also decided against imposing a minimum sentence, opting to leave the matter to the Parole Board for consideration upon completion of Chen's sentence. The final orders of the court were that Chen be sentenced to 12 years and six months' imprisonment, with no minimum sentence imposed.