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Lau, Hon Wing v The Queen [2021] VSCA 162

Victorian Court of Appeal
Maxwell P and Sifris JA

Lau, Hon Wing v The Queen

Judgment Date: 
11 June 2021

CRIMINAL LAW - Appeal - Sentence - Parity - Attempt to possess commercial quantity of a substance reasonably suspected of having being unlawfully imported (1 charge) - Applicant sentenced to 8 years' imprisonment with 5 years 6 months non-parole - Low level involvement by applicant in importation of two consignments - 5.9 times commercial quantity of methamphetamine - Co-offender sentenced for importing commercial quantity of border controlled drug (2 charges) - Sentenced to 12 years 9 months' imprisonment with 8 years 4 months non-parole - Co-offender participated at very high level in importation of four consignments - 11.8 times commercial quantity of methamphetamine - Crown concession - Offences of significantly different seriousness - Need for much greater differential between co-offenders' sentences - Leave granted - Appeal allowed - Applicant resentenced - Total effective sentence of 5 years' imprisonment with 3 years non-parole.