Chen v R (Cth) [2021] NSWCCA 277

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v R (Cth) [2021] NSWCCA 277 Hearing dates: 19 November 2021 Date of orders: 19 November 2021 Decision date: 26 November 2021 Before: Beech-Jones CJ at CL at [1] Davies J at [2] Wilson J at [3] Decision: Appeal dismissed Catchwords: CRIME — appeal against sentence — appellant entered a late plea of guilty to a charge of conspiracy to import a commercial quantity of prohibited narcotic goods — earlier appeal against sentence to CCA upheld and appellant re-sentenced — referred to the Court of Criminal Appeal under Part 7 of the Crimes (Appeal and Review) Act - question of Xiao error — relevant sentencing decision that of the Court of Criminal Appeal — discount on sentence of 10% afforded — whether discount reflected savings to the community consequent upon a late plea — whether discount took into account subjective features Legislation Cited: Crimes Act 1914 (Cth) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Customs Act 1901 (Cth) Cases Cited: Application by Jack Chik Chen pursuant to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) [2021] NSWSC 1024 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Chen (2003) 138 A Crim R 433; [2003] NSWCCA 326 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Weber v R [2020] NSWCCA 103 Winchester v R (1992) 58 A Crim R 345 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Jack Chik Chen (Appellant) Regina (Crown) Representation: Counsel: T Anderson SC (Appellant) S Flood (Crown)