Regina v Lim Yok Peng [2002] NSWCCA 208

Reported Decision : (2002) 130 A Crim R 293

New South Wales Court of Criminal Appeal

CITATION : Regina v Lim Yok Peng [2002] NSWCCA 208 FILE NUMBER(S) : CCA 60566/01 HEARING DATE(S) : 31 May 2002 JUDGMENT DATE : 31 May 2002

PARTIES : Lim Yok Peng v Regina JUDGMENT OF : Buddin J at 37; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 02/11/0180 LOWER COURT JUDICIAL Knight DCJ OFFICER :

COUNSEL : (A) B W Cross (C) P J Power SOLICITORS : (A) Tully & Co (C) S E O'Connor CATCHWORDS : Sentencing - sentence not erroneous but parity and proportionality require lesser sentence LEGISLATION CITED : Nil CASES CITED: Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 DECISION : See para 36

IN THE COURT OF CRIMINAL APPEAL

60566/01 BUDDINJ SMART AJ Friday, 31 May 2002 REGINA v LIM YOK PENG JUDGMENT 1. SMART AJ: Lim Yok Peng pleaded guilty and was convicted of the offence that between 7 September 1998 and 18 September 1999 at Sydney he did with Chen Moon Toh, Yeoh Ah Thin, Koh Yee Fong and others conspire together amongst themselves to cheat and defraud American Express, Mastercard, Visa International and other financial institutions of divers large sums of money. The maximum penalty for this common law misdemeanour is at large. The applicant was sentenced to imprisonment for 5 years 8 months to commence on 16 September 1999 with a non-parole period of 4 years 3 months. 2. The applicant was arrested in Brisbane on 16 September 1999 on related fraud and dishonesty charges. He remained in custody in Queensland for 339 days being sentenced in the District Court of Queensland on 21 August 2000 to imprisonment for 2 years 6 months suspended after having served a term of imprisonment of 339 days. This enabled the applicant to be extradited to New South Wales to stand trial on the conspiracy offence.