R v Boon Piau HONG and Teik Chai LEE [2012] NSWDC 267

District Court New South Wales

Medium Neutral Citation: R v Boon Piau HONG and Teik Chai LEE [2012] NSWDC 267 Decision date: 27 June 2012 Before: Cogswell SC DCJ Decision: Boon Piau HONG - for the offence of attempt to possess commercial quantity of unlawfully imported border controlled drug - 15 years imprisonment, non-parole period 10 years imprisonment. Teik Chai LEE - for the offence of attempt to possess commercial quantity of unlawfully imported border controlled drug - 13½ years imprisonment, non-parole period 9 years imprisonment. Catchwords: CRIMINAL LAW - drug offence - attempt to possess commercial quantity of unlawfully imported border controlled drug - 41.5 kilograms of heroin found inside consignment of furniture (25 kilograms pure heroin) - seriousness of offence - whether offences can be classified according to Director of Public Prosecutions v De La Rosa - not largest amount in case law - no actual distribution of drugs into the community. Sentence - purpose - general deterrence substantially important factor - factors relevant to both offenders - foreign nationals (Malaysian) - pleas of guilty - no criminal record in Australia - expressed remorse - level of involvement - both played vital role in importation enterprise - responsible for managing heroin consignment: collection, transit and passing on to others for distribution - not principals - reported up and took instructions from Malaysia - parity - Mr Hong more senior role - had possession of important documents - more communication with Malaysia - claims of duress rejected as unreliable and hearsay - factors relevant to Mr Hong - 31 years old - single - gambling problem - circumstances of custody taken into account - relative youth - isolated in Australia - factors relevant to Mr Lee - 35 years old - married, three young children (one suffering medical conditions) - diagnosed with adjustment disorder - limited English. Legislation Cited: Criminal Code Act 1995 s 307.5(1), s 307.2(1). Cases Cited: R v Nguyen; R v Pham [2010] NSWCCA 238 Director of Public Prosecutions v De La Rosa [2010] NSWCCA 194; (2010) 79 NSWLR 1 Category: Sentence Parties: Regina (Crown) Boon Piau HONG (Offender) Teik Chai LEE (Offender) Representation: Counsel: L Brasch (Offender - Hong) G C Corr (Offender - Lee) Solicitor: M Catsanos (Crown) File Number(s): DC 2012/41928; 2012/41854