R v Bin LI and Kun WANG [2013] NSWDC 211

District Court New South Wales

Medium Neutral Citation: R v Bin LI and Kun WANG [2013] NSWDC 211 Decision date: 23 August 2013 Before: Cogswell SC DCJ Decision: Li: For 4 offences - make, or possess equipment to make, a false document (x2); possess equipment capable of making identification documents intending documents be used to commit a serious offence; supply a prohibited drug (methylamphetamine) - an aggregate sentence of 7 years and 6 months imprisonment, non-parole period of 4 years and 7 months. Form 1 for knowingly deal with proceeds of crime taken into account for offence of supply a prohibited drug. Wang: For offence of knowingly deal with proceeds of crime, sentenced to 2 years and 3 months imprisonment, non-parole period 1 year and 2 months. Order directing Ms Wang's release on parole on 14 October 2014. Catchwords: CRIMINAL LAW - Particular offences - manufacturing credit and identification cards - extensive, well organised operation - sophisticated plant and equipment - shoppers used cards to purchase luxury goods which were on-sold for cash. Sentence - Li relevant factors - nature of offences - identity card offences preparatory, credit card offences participatory - priors for fraud and dishonesty offences significant in context of these offences - rehabilitation - commenced courses in custody - nature and circumstances of offender - gambling addiction - response to charges - remorse - letter to Court - plea of guilty - 25 per cent discount - special circumstances - first full-time custodial sentence, additional time on parole to pursue rehabilitation due to better availability of interpreter in his dialect in the community - Wang relevant factors - nature of offence - role less than co-offender but operative in putting scheme into action - used cards to purchase luxury goods - facilitator of serious criminal activity - no prior criminality - nature and circumstances of offender - plea of guilty - 25 per cent discount - special circumstances - first time in custody, need to resume her employment and role as carer in her family. Legislation Cited: Confiscation of Proceeds of Crime Act 1989. Crimes Act 1900, s 192L, s 193B(2), s 256(1). Crimes (Sentencing Procedure) Act 1999, s 50, s 53A. Drug Misuse and Trafficking Act 1985, s 25(1), s 39P. Cases Cited: Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357. R v Guo [2010] NSWCCA 17; (2010) 201 A Crim R 403. Thorn v R [2009] NSWCCA 294; (2009) 198 A Crim R 135. Tsakonas v R [2009] NSWCCA 258; (2009) 197 A Crim R 581. Category: Sentence Parties: Regina (Crown) Bin Li (Offender) Kun Wang (Offender) Representation: Counsel: T Watts (Offender - Li) T Gartelmann (Offender - Wang) Solicitors: T C Spohr, Office of Director of Public Prosecutions (Crown) File Number(s): DC 2011/332165 (Li) DC 2011/334859 (Wang)