R v Lau

Ms Ivy Lau pleaded guilty to charges of being in possession of, and selling, a Class C controlled drug, 4-MEC. The charges arose from a large-scale police operation targeting the sale of pills containing 4-MEC. Ms Lau and her husband had been responsible for storing and counting pills passing through the system. Over a period of seven weeks, they handled more than 83,000 pills. They did not own the pills nor did they profit directly from their sale, receiving only $1,000 in total for their efforts. Ms Lau's counsel indicated she and her husband ceased their activities due to the volume of pills rather than the police operation.

The court had to determine an appropriate starting point for Ms Lau's sentence, considering the large quantity of drugs involved and her minor role in the operation. The Crown suggested a starting point of three years imprisonment based on a previous case involving different drugs and direct profit from sales. Ms Lau's counsel argued for a starting point of two years and six months, taking into account her minor role and lack of direct profit. The court settled on a starting point of two years and nine months, considering the large quantity and value of the drugs, and issues of deterrence, accountability, and denunciation.

The court identified mitigating factors including Ms Lau's previously unblemished record, employment stability, and sincere remorse. These factors led to a four-month reduction in the starting point, resulting in a sentence of two years and five months. Ms Lau's guilty pleas, though not entered at the earliest opportunity, were considered significant due to her minor role in the operation and procedural issues. The court applied a further eight-month discount for the guilty pleas, resulting in a final starting point of one year and nine months imprisonment. The court considered both community detention and home detention but ultimately decided to adjourn sentencing to allow for further enquiries regarding the feasibility of home detention while allowing Ms Lau to continue her employment.