Chia v R [2023] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chia v R [2023] NSWCCA 63 Hearing dates: 15 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Before: Leeming JA at [1] Wilson J at [2] Dhanji J at [3] Decision: (1) Leave to appeal is granted. (2) The appeal is allowed. (3) The sentence imposed on the applicant in the District Court on 8 August 2022 is quashed. (4) In lieu thereof, impose an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) and fix: (a) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999 (NSW) an aggregate sentence of 6 years and 6 months commencing on 7 March 2019 and expiring on 6 September 2025; (b) a non-parole period of 4 years and 3 months commencing on 7 March 2019 and expiring on 6 June 2023; and (c) a balance of term of 2 years and 3 months commencing on 7 June 2023 and due to expire on 6 September 2025. Catchwords: CRIME – Appeals – Appeal against sentence – fraud offences – guilty plea entered for fraud offences – sexual assault offences – convictions with respect to sexual offences were appealed – convictions quashed and retrial ordered – applicant tried on fresh indictment containing sexual assault offences only – the ceiling principle – fundamental principle not drawn to sentencing judge's attention – aggregate sentence to be imposed – leave to appeal granted – appeal allowed – resentence Legislation Cited: Crimes Act 1900 (NSW), ss 61I, 192E(1)(a), 192E(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 44(2A) 53A Criminal Appeal Act 1912 (NSW), ss 5(1)(c), 6(3) Evidence Act 1995 (NSW), s 191 Cases Cited: Armstrong v R [2015] NSWCCA 273 Director of Public Prosecutions (Cth) v Saadieh [2021] NSWSC 1186 Doudar v R [2021] NSWCCA 37 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lehn v R (2016) NSWLR 205; [2016] NSWCCA 255 Scott v R [2020] NSWCCA 81 SF v R [2022] NSWCCA 216 Towney v R [2022] NSWCCA 289 Valentine v R [2020] NSWCCA 116 Category: Principal judgment Parties: Jeffrey Keong Chia (Applicant) Regina (Respondent) Representation: Counsel: I McLachlan (Applicant) M M Swift (Respondent)