R v Hok Man Tsang [2018] NSWDC 184

District Court New South Wales

Medium Neutral Citation: R v Hok Man Tsang [2018] NSWDC 184 Hearing dates: 31 May 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. The sentences I would have imposed had separate sentences been imposed, after allowing for the discount for the plea of guilty, are: Count 1 - 18 years imprisonment with a non-parole period of 13 years and 6 months; Count 2 - 16 years imprisonment with a non-parole period of 12 years; Count 3 - 6 years imprisonment with a non-parole period of 4 years and 6 months; Count 4 - 12 years imprisonment with a non-parole period of 9 years; Count 5 - 6 years imprisonment with a non-parole period of 4 years and 6 months, taking into account the matter on the Form 1.

2. I impose an aggregate sentence of 24 years, with a non-parole period of 18 years. 3. The sentence is to date from 25 January 2016. The non-parole period will expire on 24 January 2034 and the head sentence will expire on 24 January 2040. 4. The offender will be eligible to be released on parole on 25 January 2034. Catchwords: CRIMINAL LAW – offences – manufacture and supply of prohibited drug – recklessly dealing with proceeds of crime SENTENCING – aggravating factors – mitigating factors – planned or organised criminal activity – objective seriousness – financial gain – general deterrence – specific deterrence – prospects of rehabilitation – plea of guilty SENTENCING PRINCIPLES – remorse – totality – parity – aggregate sentences OTHER – extraction of Methylamphetamine from imported substances – large commercial quantity Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Regina v Tsang Representation: Counsel: Mr D Patch (Crown)