R v LAM [2003] NSWCCA 162

Reported Decision : 140 A Crim R 162

New South Wales Court of Criminal Appeal

CITATION : R v LAM [2003] NSWCCA 162 HEARING DATE(S) : 28 May 2003 JUDGMENT DATE : 2 July 2003

JUDGMENT OF : Sheller JA at 1; Hidden J at 35; Carruthers AJ at 36 DECISION : 1. Grant leave to appeal; 2. Appeal allowed; 3. Quash the sentences imposed by his Honour Judge Taylor on 20 September 2002; 4. In lieu thereof, sentence the applicant for the first offence to a term of nine years imprisonment and for the second offence a term of seven years imprisonment to be served concurrently and to date from 24 April 2002, the first to expire on 23 April 2011 and the second on 23 April 2009 with a non-parole of five years and two months to date from 24 April 2002 making the applicant eligible for parole on 23 June 2007.

CATCHWORDS : Criminal Law - Sentencing - Drug offences - Plea of Guilty - Whether taken into account on head sentence - Criminal Law - Sentencing - Drug offences - Parity - Where sentence of co-offenders was very low LEGISLATION CITED : Customs Act 1901 Bernier (1998) 102 A CrimR 44 CASES CITED : R v Zabul [2001] NSWCCA 455 Sweet (2001) 125 A CrimR 341 PARTIES : Michael Hok Chung Lam - Appellant Crown - Respondent FILE NUMBER(S) : CCA 60120/03 COUNSEL : H K Dhanji - Appellant MM Cinque - Crown SOLICITORS : Legal Aid Commission - Appellant Commonwealth Director of Public Prosecutions - Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0595 FILE NUMBER(S) : LOWER COURT Taylor DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 60120/03