Wong v R (Cth) [2020] NSWCCA 311

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wong v R (Cth) [2020] NSWCCA 311 Hearing dates: 18 November 2020 Decision date: 27 November 2020 Before: Hoeben CJ at CL at [1]; Price J at [36]; Fagan J at [37] Decision: (1) The applicant is allowed an extension of time within which to seek leave to appeal against sentence. (2) Leave to appeal against sentence is granted. (3) The appeal against sentence is allowed. (4) The sentence imposed by Cogswell SC DCJ on 18 May 2012 is quashed. (5) In lieu thereof, the applicant is sentenced to imprisonment for 17 years and 6 months, commencing 21 December 2010 and expiring 20 June 2028, with a non-parole period of 11 years and 8 months expiring 20 August 2022. Catchwords: CRIMINAL LAW – sentence appeal – possession of a commercial quantity of a border controlled drug suspected of having been unlawfully imported – sentence of imprisonment for 18 years with a non-parole period of 12 years – error in failing to assess the utility of an early plea of guilty – need to resentence applicant – sentence of imprisonment for 17 years and 6 months with a non-parole period of 11 years and 8 months. Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Cases Cited: Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 SZ v Regina (2007) 168 A Crim R 249; [2007] NSWCCA 19 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Kok Loong Wong – Applicant Regina (Cth) – Respondent Representation: Counsel: S Fraser – Applicant P McEniery – Respondent Crown