R v Leung [2022] NSWDC 555

District Court New South Wales

Medium Neutral Citation: R v Leung [2022] NSWDC 555 Hearing dates: 5-8, 11-14, 19-22, 28-29 April 2022, 9-10 May 2022 Date of orders: 10 May 2022 Decision date: 10 May 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: See pars [13] and [17]. Catchwords: CRIME – SENTENCE – DRUG OFFENCES – Section 166 Certificate – The Defendant already served a term of imprisonment and has dealt with the ongoing prosecution on indictment for several years – The inexpediency of further punishment – Favourable antecedents and personal considerations of the Defendant. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Leung; R v Webster (No. 1) [2022] NSWDC 137 R v Leung; R v Webster (No. 2) [2022] NSWDC 138 R v Leung; R v Webster (No. 3) [2022] NSWDC 139 R v Leung; R v Webster (No. 4) [2022] NSWDC 553 Texts Cited: Nil. Category: Sentence Parties: R – Crown Defendant – Canny Leung Representation: Counsel: Crown – Nightingale, K. Defendant – Boe, A. with O'Neill, C. Solicitors: Crown – Office of the Director of Public Prosecutions Defendant – Nyman Gibson Miralis Defence Lawyers and Advisors File Number(s): 2019/276597 Publication restriction: Nil.

Judgment

Background 1. HIS HONOUR: For further background of this case, see my decisions in R v Leung; R v Webster (No. 1) [2022] NSWDC 137, R v Leung; R v Webster (No. 2) [2022] NSWDC 138, R v Leung; R v Webster (No. 3) [2022] NSWDC 139, and R v Leung; R v Webster (No. 4) [2022] NSWDC 553. 2. On Tuesday 5 April 2022 I commenced a criminal trial by Judge alone. There were two accused, Ms Canny Leung ("the Defendant") and Mr Cameron Stewart Webster ("the co-accused"). 3. The indictment presented contained eight counts. The first and eighth counts were solely against the co-accused, the second and third counts were solely against the Defendant, the fourth, fifth, sixth and seventh counts were against each of the Defendant and the co-accused. The trial commenced before me on Tuesday 5 April 2022. The trial was completed yesterday, 9 May 2022 when I found the Defendant not guilty of each of the charges contained in the indictment that were referable to her, and I acquitted her of those charges.