Walsh v R (Cth) [2020] NSWCCA 182

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Walsh v R (Cth) [2020] NSWCCA 182 Hearing dates: 14 July 2020 Date of orders: 3 August 2020 Decision date: 03 August 2020 Before: Ward CJ in Eq at [1]; Wilson J at [2]; Ierace J at [41]. Decision: (1) Extend the time in which to bring an application for leave to appeal against sentence to 22 April 2020; (2) Grant leave to appeal; (3) Quash the sentence imposed on 21 December 2016 by Jeffreys DCJ; and, (4) In lieu, sentence the applicant to 9 years imprisonment, to date from 12 January 2016 and expiring on 11 January 2025; with a non-parole period of 4 years and 9 months, expiring on 11 October 2020, on which date the applicant will be eligible for parole. Catchwords: CRIMINAL LAW – appeal against sentence – conspiracy to import a marketable quantity of a border controlled drug – plea of guilty – "Xiao error" – failure to take into account the utilitarian value of the plea of guilty – error conceded – whether a lesser sentence is warranted in law – strong subjective case – evidence pointing to rehabilitation having been achieved Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Crimes Act 1914 (Cth) Cases Cited: Lee v R [2012] NSWCCA 123 R v Nguyen; R v Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106 Thammavongsa v R [2015] NSWCCA 107; (2015) 251 A Crim R 342 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Torikai Walsh (Applicant) Regina (Crown) Representation: Counsel: Applicant (self-represented) Sam Duggan (Crown)