R v Lim [2023] NSWDC 238

District Court New South Wales

Medium Neutral Citation: R v Lim [2023] NSWDC 238 Hearing dates: 4/4/23, 5/4/23, 17/4/23 Date of orders: 17/4/23 Decision date: 14 April 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: 1. For the State offence on the s 166 certificate, being Sequence 6, I convict the offender but impose no other penalty, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999. 2. For the Commonwealth offences I intend to impose an aggregate sentence. The indicative sentences are as follows. a. In relation to Sequence 2, the indicative sentence is 16 months imprisonment. b. In relation to Sequence 3, the indicative sentence is 8 months imprisonment. c. In relation to Sequence 5, the indicative sentence is 14 months imprisonment. 3. Each of the indicative sentences has been reduced by the discount of 25%. 4. I impose an aggregate head sentence of 2 years and 9 months imprisonment. 5. The sentence is to date from 15 September 2021. 6. The head sentence is to expire on 14 June 2024. 7. I order that the offender be released after serving 1 year and 9 months on a self recognizance in the amount of $100 without security. He will therefore be eligible for release after entering into that recognizance on 14 June 2023. Catchwords: Crime – Sentence – Commonwealth and State offences – Dealing with proceeds of crime – Using false document Legislation Cited: Commonwealth Criminal Code 1995 Crimes Act 1900 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Kim and Fang v The Queen [2016] VSCA 238 R v Jiao [2015] NSWCCA 95 Category: Sentence Parties: Commonwealth DPP – Crown Wee Siong LIM - Offender Representation: Mr R Baldeo for Crown Mr T Spohr for Offender File Number(s): 21/264171