R v Hong Phong LE [2008] NSWDC 320

New South Wales District Court

CITATION: R v Hong Phong LE [2008] NSWDC 320

HEARING DATE(S): 25 September 2008

JUDGMENT DATE: 25 September 2008

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Sentenced to imprisonment with an effective overall sentence consisting of a non-parole period of 9 years and a total term of 13 years 6 months.

CATCHWORDS: Criminal law - Sentence - Conspiracy to import prohibited imports - Trafficable quantity of heroin - Methylamphetamine - Commercial quantity - Assistance to authorities

LEGISLATION CITED: Commonwealth Crimes Act

CASES CITED: Pearce v The Queen [1998] HCA 57; 194 CLR 610; 156 ALR 684

PARTIES: The Crown (Cth) Hong Phong Le

FILE NUMBER(S): DC 2008/11/0399

COUNSEL: M A Wigney SC (Crown) M C Ramage QC (Defendant)

SOLICITORS: Commonwealth DPP Gregory J Goold Solicitor

SENTENCE

1 HIS HONOUR: Hong Phong Le appears for sentence today in relation to three most serious offences. He pleaded guilty to an offence that between 28 November 2005 and 23 May 2006 he conspired with a number of others to import prohibited imports into Australia, they being narcotic goods consisting of a quantity of heroin not less than the trafficable quantity. He also pleaded guilty to an offence of conspiring, with a number of others, to traffic in both heroin and methylamphetamine, the quantity involved being a commercial quantity. The third offence is an offence of conspiring with others to deal with money to the value of $1,000,000 or more, which he and his co-conspirators intended would become an instrument of crime. In fact, the amount involved was estimated to be more than 4.7 million dollars.