NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Peng GAO; R v Benjamin LIM; Benjamin LIM v R [2007] NSWCCA 343
HEARING DATE(S): 30 August 2007
JUDGMENT DATE: 14 December 2007
JUDGMENT OF: Basten JA at 1; Latham J at 2; Rothman J at 46
DECISION: Peng Gao - 1. Dismiss the Crown appeal against sentence ; Benjamin Lim - 1. The prisoner's application for leave to appeal against sentence allowed; 2. The prisoner's appeal against sentence dismissed; 3. The Crown appeal allowed and the sentence imposed on the respondent Lim set aside ; 4. On the charge of Supply Large Commercial Quantity of a Prohibited Drug, impose a non parole period of 6 years, to date from 6 August 2006, expiring 5 August 2012, with a balance of term of 3 years and 10 months, expiring 5 June 2016. Mr. Lim is eligible for release on parole from 6 August 2012.
CATCHWORDS: CROWN APPEAL - supply commercial quantity and large commercial of ecstasy - supply to undercover police offer - objective gravity of agreement to supply - delay in lodging Crown appeal
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
R v Chan [1999] NSWCCA 103 Fahs v Regina [2007] NSWCCA 26 R v Truong (2006] NSWCCA 318 CASES CITED: R v Sciberras (2006) 165 A Crim R 532 ; [2006] NSWCCA 268 Vu v R [2006] NSWCCA 188 McKibben v R [2007] NSWCCA 89 R v Y [2002] NSWCCA 191
PARTIES: Regina - Crown Respondent (1) Pen GAO Respondent (2) Benjamin LIM
FILE NUMBER(S): CCA 2007/3306; 2007/3269; 2007/2952
Regina - G Rowling COUNSEL: Respondent (Gao) - H Dhanji Respondent (Lim) - A Radojev
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