NSW Caselaw
New South Wales District Court
CITATION: R v Huang [2006] NSWDC 5
HEARING DATE(S): 04/08/2006
JUDGMENT DATE: 4 August 2006
EX TEMPORE JUDGMENT DATE : 08/04/2006
JUDGMENT OF: Berman SC DCJ
DECISION: The offender is sentenced to imprisonment. It will commence on 14 December 2005. I set a head sentence of eight years with a non parole period of four years. The non parole period will expire on 13 December 2009.
CATCHWORDS: Criminal Law - Import - Aid and Abet - Sentence
LEGISLATION CITED: Customs Act (Cwth) Criminal Code (Cwth)
PARTIES: DPP (Cwth) Huang, Zong Yao
FILE NUMBER(S): 06/11/0362
SOLICITORS: Commonwealth DPP Jeffreys and Associates
SENTENCE
1 HIS HONOUR: Zong Yao Huang appears for sentence today for his part in the criminal scheme in which he was involved which had as its object the importation of quite a considerable quantity of heroin into Australia. I will speak of the role of four people, two of them, this offender and a Mr Wong played the role of organisers. One, Mr Sanson, was the courier, and one, Mr Lau, had the job of observing the courier when he arrived in Australia.
2 Mr Sanson was arrested at Cairns airport. He was sentenced in Queensland to a period of imprisonment of 13 years with a non parole period of five and a half years. Mr Lau, the observer, was sentenced by his Honour Judge Maguire to imprisonment for eight years with a non parole period of four years. Mr Wong, one of the two organisers, was sentenced by his Honour Judge Puckeridge to a sentence of nine years with a non parole period of four and a half years.
3 Interesting questions arise from a consideration of these sentences. It is difficult to understand why Mr Sanson would not have a justifiable sense of grievance when the organisers end up with less than he got. Nor can I see any real explanation in any of the three people sentenced to date as to why it is that their non parole periods should not be in the 60 to 66 per cent range which is normal for Commonwealth matters. To these questions of parity I will return.
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