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DPP v Lau [2022] VCC 1724

Offender was sentenced following a plea of guilty to 1 count of attempting to possess a marketable quantity of a border-controlled drug suspected of being imported contrary to ss 307.9(1) and 11.1(1) of the Commonwealth Criminal Code. Offending related to 730.8 grams of methamphetamine.

Nature and Circumstances: Offender was not a principal but played an important role in providing an address for delivery, being present upon delivery, and leaving the drugs at the premises at precisely the place they were instructed. Offender was not an organiser or involved in the further distribution of the drugs. The duration of offending was short, having taken place over a period of 2 weeks.

Mental Condition: Offender faced difficulties when their father succumbed to a fatal illness and decide to suicide. That suicide was observed by offender. Offender felt some guilt that they could not stop their father. The ‘factors of likely contribution’ in psychologist’s report cannot be accepted. Verdins principle 5 is applicable owing to the language problem that offender would have in jail, the isolation caused by that, and the current restrictions of the adjustment disorder which offender has suffered and the fact that they have no support. The combination of those factors are such that the service of a jail term will weigh more heavily on offender than a person in normal health.

Offender sentenced to imprisonment for 6 years with a non-parole period of 4 years and 6 months.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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