Regina v Chun Hing Law [2002] NSWSC 952

New South Wales Supreme Court

CITATION : Regina v Chun Hing Law [2002] NSWSC 952 CURRENT JURISDICTION: Supreme Court of New South Wales FILE NUMBER(S) : SC 70022/97 HEARING DATE(S) : 13 September 2002 JUDGMENT DATE : 16 October 2002

PARTIES : Regina Chun Hing Law JUDGMENT OF : Sully J at 1

COUNSEL : R. Sutherland SC - Crown P. Bodor QC - Prisoner SOLICITORS : G. Drennan - Crown N. Hamilton - Prisoner Customs Act (C'th) LEGISLATION CITED : Financial Transaction Reports Act 1988 (C'th) Commonwealth Crimes Act 1914 CASES CITED : R v Twala (NSW) CCA 4 November 1994 DECISION : Imprisonment for life ; Non-parole period of 30 years

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SULLY J

Wednesday 16 October 2002

70022/97 – REGINA v Chun Hing LAW

ON SENTENCE 1 SULLY J: The prisoner, Mr. Chun Hing Law, was arrested in Hong Kong on 2 October 1996 and has been in custody since that date. He was extradited to Australia, arriving on 9 February 1997. He was committed for trial, and in due course was arraigned, upon a charge that between about 1 December 1993 and about 13 January 1995 at Sydney and elsewhere conspired with one Joseph Law Ling, with one Alan Tam, with one Mao Huang Tung, with one Brian Alexander Kuan, and with others unnamed, to import into Australia not less than the commercial quantity of heroin in contravention of section 233B(1)(cb) of the Customs Act (C'th). 2 The prisoner pleaded not guilty, and thereupon was tried by Ireland J and a jury. That trial extended from 18 March 1998 to 24 April 1998. The jury found the prisoner guilty as charged; and on 31 March 1999 Ireland J convicted him and sentenced him to imprisonment for life, without a non-parole period. 3 The prisoner appealed against his conviction and applied for leave to appeal against sentence. On 27 July 2001 the Court of Criminal Appeal quashed the conviction and sentence and ordered a new trial. 4 That re-trial commenced in this Court on 11 March 2002, and continued with some interruptions until 11 April 2002. Once again, the jury found the prisoner guilty as charged. The prisoner was thereupon convicted and was remanded in custody until 20 June 2002; but that date was subsequently vacated and the remand was extended to 13 September 2002. On that day the Court received written submissions from the Crown and oral submissions from learned Senior Counsel for the Crown and from learned Queen's Counsel for the prisoner. The Court reserved its decision on sentence.