R v Lin & Lau [2006] NSWDC 143

New South Wales District Court

CITATION: R v Lin & Lau [2006] NSWDC 143

HEARING DATE(S): 24/08/2006 03/11/2006

JUDGMENT DATE: 24 November 2006

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraphs [24] & [25]

CATCHWORDS: Criminal Law - Sentence - Manufacture/ Produce a Prohibited Drug - Large Commercial Quantity - Sentence in a Foreign Country

LEGISLATION CITED: Drug Misuse and Trafficking Act Crimes Act

PARTIES: Crown Song LIN Kar Wah LAU

FILE NUMBER(S): 05/11/1205; 06/11/0082

NSW DPP SOLICITORS: Jeffreys and Associates ( Lin) Gregory J Goold Solicitor (Lau)

SENTENCE

1 HIS HONOUR: Song Lin and Kar Wah Lau appear for sentence today, having pleaded guilty to offences concerned with the manufacture of a prohibited drug, namely, methylamphetamine.

2 Quite clearly it is important to bear in mind the precise charges to which the two offenders have pleaded guilty.

3 Kar Wah Lau pleaded guilty to manufacturing not less than a large commercial quantity of amphetamine, but Song Lin pleaded guilty only to knowingly taking part in the manufacture of a commercial quantity of that drug. The maximum penalties are different. Mr Lau faces life imprisonment, whilst Mr Lin faces 20 years imprisonment, and the standard non parole periods are also different, 15 years and 10 years respectively.

4 These recently introduced standard non parole periods say a great deal about the seriousness with which the legislature, and, I believe, the community, regard such large scale drug manufacturing operations - operations designed to make significant profits through human misery.

5 These offences were detected by police when they conducted an operation involving the two offenders and another man named Kang Wing Lo, whom I sentenced earlier this year.