R v Lim, R v Tan [2013] NSWDC 327

District Court New South Wales

Medium Neutral Citation: R v Lim, R v Tan [2013] NSWDC 327 Hearing dates: 29/04/2013 Decision date: 09 May 2013 Jurisdiction: Criminal Before: S Norrish QC Decision: Lim - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 5 years with a balance of sentence of 2 years. Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment consisting of a non parole period of 6 years with a balance of sentence of 3 years. Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 6 years, 6 months with a balance of sentence of 4 years. Tan - Supplying not less than a commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period being 5 years with a balance of sentence of 2 ½ years. Two offences of supplying not less than a commercial quantity of methylamphetamine: in relation to each offence - sentenced to a term of imprisonment by way of non parole period of 6 years with a balance of the sentence of 3 years. Supplying not less than a large commercial quantity of heroin: sentenced to a term of imprisonment consisting of a non parole period of 2 ½ years with a balance of sentence of 4 years. Catchwords: Criminal - Sentence, supply prohibited drugs (heroin) - large commercial/commercial quantity, parity, objective criminality. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Thomson and Houlton [2000] NSWCCA 309 Pearce v R (1998) 194 CLR 610 R v Cahyadi (2007) 168 A Crim R 41 R v XX (2009) 195 A Crim R 38 Wong v The Queen (2007) 207 CLR 484 The Queen v Olbrich [1999] 199 CLR 270 R v Buttrose [2011] NSWCCA 35 Markarian v The Queen [2005] HCA 25 R v Muldroch [2011] 244 CLR 120 Jimmy v R [2010] NSWCCA 60 Lau v The Queen [2010] NSWCCA 43 Le v R [2006] NSWCCA 136 Lee v R [2007] NSWCCA 234 Category: Sentence Parties: The Crown (Cth) Cheng Coy Lim - offender Yong Hon Tan - offender Representation: Mr N Adams - The Crown Mr Gartelmann - accused Mr Lim Ms Fanning - accused Mr Tan File Number(s): 2011/256951 2011/256874