Chong v R [2020] NSWCCA 235

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chong v R [2020] NSWCCA 235 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 findings as to remorse and prospects of rehabilitation – failure sufficiently to state reasons – no lesser sentence warranted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Farkas v R [2014] NSWCCA 141 Mansour v R [2011] NSWCCA 28 Prculowski v R [2010] NSWCCA 274 Tadrosse v R (2005) 65 NSWLR 740; [2005] NSWCCA 145 Thomas v R (Commonwealth) [2006] NSWCCA 313 Wat v R [2017] NSWCCA 62 Category: Principal judgment Parties: Chun Keat Chong (applicant) Regina (respondent) Representation: Counsel: S Howell (applicant) M Millward (respondent)

Solicitors: Legal Aid Commission NSW (applicant) Solicitor for the Director of Public Prosecutions (respondent) File Number(s): 2015/353943 Publication restriction: No Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: [2019] NSWDC 36 Date of Decision: 1 March 2019 Before: Mahony SC DCJ File Number(s): 2015/353943