Chan v R [2020] NSWCCA 316

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chan v R [2020] NSWCCA 316 Hearing dates: 2 September 2020 Decision date: 15 December 2020 Before: Hoeben CJ at CL at [1] Button J at [2] N Adams J at [76] Decision: (1) Pseudonyms to be adopted in judgment. (2) Judgment is not to be published on NSW Caselaw before 1 December 2021, and not without consultation with both parties. (3) Leave to appeal granted. (4) Appeal dismissed. Catchwords: CRIMINAL LAW – sentencing for serious supply of large commercial quantities of "ice" – possession of pistol with ammunition – where application at first instance of discounts to aggregate sentence as opposed to indicative sentences made determination of appeal grounds impractical – error in application of discounts established – whether lesser aggregate sentence warranted in law – appeal against sentence dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 23, 33, 53A(2), 54B(4) Drug Misuse and Trafficking Act 1985 (NSW) s 25(2) Firearms Act 1996 (NSW), ss 26(1), 39(1), 65(3) Cases Cited: Brennan v R [2018] NSWCCA 22 Christou v R [2020] NSWCCA 193 Ibbotson (a pseudonym) v R [2020] NSWCCA 92 JM v R (2014) 246 A Crim R 528; [2014] NSWCCA 297 RO v R [2019] NSWCCA 183 Weir v R [2011] NSWCCA 123 Category: Principal judgment Parties: Jenny Chan (Applicant) (a pseudonym) Regina (Respondent) Representation: Counsel: M Coroneos (Applicant) K Jeffreys (Respondent)