Hong v R [2020] NSWCCA 225

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hong v R [2020] NSWCCA 225 Hearing dates: 3 August 2020 Decision date: 04 September 2020 Before: McCallum JA at [1]; Button J at [2]; Ierace J at [59] Decision: (1) Leave to appeal out of time granted. (2) Appeal allowed. (3) The sentence imposed by Judge Cogswell SC on 27 June 2012 is quashed. (4) The applicant, Boon Piau Hong, is sentenced to imprisonment for 14 years, to date from 12 May 2011 and to expire on 11 May 2025, with a non-parole period of 9 years that expired on 11 May 2020. Catchwords: CRIMINAL LAW – appeal against sentence – attempted importation of a commercial quantity of a border controlled drug – 25 kilograms of pure heroin – discount for utilitarian value of plea of guilty to Commonwealth offence not given – "Xiao error" established – excellent progress in custody since imposition of sentence many years ago – lesser sentence warranted – applicant re-sentenced Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW), s 6(3) Cases Cited: Diaz v R [2019] NSWCCA 216 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Boon Piau Hong (Applicant) Regina (Respondent) Representation: Counsel: T Anderson (Applicant) A McGrath (Respondent)

Solicitors: Legal Aid NSW (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2012/41928 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 27 June 2012 Before: Cogswell SC DCJ File Number(s): 2012/41928