R v Gim Siang Lim

[2001] VSCA 60

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Manifestly excessive
5. › Drug trafficking
6. › Trafficking in heroin in not less than commercial quantity
7. › Quantity ten-and-a-half times commercial quantity
8. › Whether sentence of 11 years with minimum of 8 years 6 months manifestly excessive
9. › Drugs, Poisons and Controlled Substances Act 1981 (Vic)
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › Guilty plea discount
5. › Whether sentencing judge required to specify discount for guilty plea
6. › Whether failure to refer to discount means it was not given
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › Use of comparable sentences
5. › Whether earlier sentence for lesser quantity of same drug constitutes benchmark

Quick Take

A sentence of 11 years with a non-parole period of 8 years and 6 months is within range for trafficking in heroin at ten-and-a-half times the commercial quantity where there is limited mitigation. R v Berisha does not set a benchmark for trafficking in quantities substantially exceeding those in that case. Victoria has not adopted the NSW approach in R v Thomson requiring sentencing judges to quantify the discount for a guilty plea.