Hoang v R [2020] NSWCCA 324

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hoang v R [2020] NSWCCA 324 Hearing dates: 18 September 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Before: Payne JA; Beech-Jones J; Fagan J Decision: (1) Time for filing the application for leave to appeal is enlarged so far as necessary to permit the application to proceed. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug – deal with proceeds of crime – participate in criminal group – fresh evidence of health and treatment in custody – applicant 67 year old woman – principle of totality given effect in aggregate sentence imposed – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Agnew (a pseudonym) v R [2018] NSWCCA 128 Iglesias v R [2006] NSWCCA 261 Khoury v R [2011] NSWCCA 118 R v Bailey (1988) 35 A Crim R 458 R v Munday [1981] 2 NSWLR 177 R v Smith (1987) 44 SASR 587; 27 A Crim R 315 Springer v R [2007] NSWCCA 289; 177 A Crim R 13 Turkmani v R [2014] NSWCCA 186; 244 A Crim R 402 Category: Principal judgment Parties: Thi Hoa Hoang (applicant) Regina (respondent) Representation: Counsel: S Buchen SC with E Sullivan (applicant) G Newton (respondent)