NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Chew [2022] NSWDC 325 Hearing dates: 17 March 2022 Date of orders: 17 March 2022 Decision date: 17 March 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: NSW offence: Sentenced to a term of imprisonment of 1 year 6 months Commonwealth offence: Sentenced to a term of imprisonment of 3 years 4 months. Non parole period of 1 year 9 months. Catchwords: CRIME – Attempt possess marketable quantity of an unlawfully imported border-controlled drug - Supply prohibited drug – Deal with proceeds of crime SENTENCING - Relevant factors on sentence – State and Federal offences- guilty plea- fact finding - knowledge drugs in the parcel – low level role- employed to take risk- foreign national with limited English - impact of COVID- Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: R v Nguyen [2010] NSWCCA 238;(2010) A Crim R 106 R v Shi [2004] NSWCCA 135 The Queen v Pham [2015] HCA 39; (2015) 256 CLR Category: Sentence Parties: Chan Kiat Chew (the offender) Commonwealth Director of Public Prosecutions Representation: Counsel: Mr K Fitzgerald (for the offender) Ms C Brain (for Commonwealth Director of Public Prosecutions)
Solicitors: Kingston Fox Lawyers (for the offender) File Number(s): 2021/00032675
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