Tiew v R [2020] NSWCCA 234

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tiew v R [2020] NSWCCA 234 Hearing dates: 29 June 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Before: Macfarlan JA; Fagan J; Cavanagh J Decision: 1 Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – drug offences – supply not less than large commercial quantity of methyl amphetamine – whether sentencing judge erred by double counting factors of aggravation – whether sentencing judge erred in failing to make a finding as to remorse – no lesser sentence warranted – whether sentence lacked parity with sentence of co-offender – appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)) Drug Misuse and Trafficking Act 1985 (NSW) Law Enforcement (Controlled Operations) Act 1997 (NSW) Cases Cited: Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Mulato v R [2006] NSWCCA 282 Salafia v R [2015] NSWCCA 141 Category: Principal judgment Parties: Chee Hui Tiew (applicant) Regina (respondent) Representation: Counsel: I McLachlan (applicant) M Millward (respondent)

Solicitors: William O'Brien & Ross Hudson Solicitors (applicant) Solicitor for the Director of Public Prosecutions (respondent) File Number(s): 2015/353679 Publication restriction: No Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: [2019] NSWDC 35 Date of Decision: 1 March 2019 Before: Mahony SC DCJ File Number(s): 2015/353673