R v Lin [2021] NSWDC 523

District Court New South Wales

Medium Neutral Citation: R v Lin [2021] NSWDC 523 Hearing dates: 17 September 2021 Date of orders: 30 September 2021 Decision date: 30 September 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence (seq 1), fine of $300 (seq 5). For orders see [77]. Catchwords: CRIME – ongoing supply prohibited drugs (methylamphetamine) – assist in conducting a drug premises Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse & Trafficking Act 1985 Cases Cited: Bugmy v The Queen (2013) 249 CLR 171; [2013] HCA 37 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1;[2010] NSWCCA 194 DPP (Cth) v Saadieh [2021] NSWSC 1186 Hoskins v R [2021] NSWCCA 169 Kay v R [2019] NSWCCA 275 McLean v R [2020] NSWCCA 344 R v Giang [2005] NSWCCA 387 Category: Sentence Parties: Director of Public Prosecutions (Crown) Offender (Zhaohe Lin) Representation: Solicitors: H. Buddin (Crown) P. Ye/M. Flynn (Offender) File Number(s): 2020/184853

REMARKS ON SENTENCE 1. The offender is to be sentenced in respect of the following offences: Sequence 1 – ongoing supply of prohibited drugs (methylamphetamine) pursuant to s 25A(1) of the Drug Misuse & Trafficking Act 1985 ("DMTA"). The maximum penalty prescribed is 3,500 penalty units or imprisonment for 20 years, or both. There is no standard non-parole period. Sequence 5 – assist in conducting a drug premises pursuant to s 36Z(1)(a) of the DMTA. This is a related offence pursuant to s 166 of the Criminal Procedure Act 1986. The maximum penalty prescribed is 50 penalty units or imprisonment for 12 months, or both. 1. The offending in sequence 1 took place between 2 May 2020 and 31 May 2020. The offender was arrested on 22 June 2020 and has been in custody since that date. 2. The offender was on parole at the time of the offence. That parole was revoked on 8 July 2021 and the offender served the balance of his parole from 22 June 2020 until 22 July 2020.