R v CHOI [2023] NSWLC 1

Local Court New South Wales

Medium Neutral Citation: R v CHOI [2023] NSWLC 1 Hearing dates: 9 December 2022 Date of orders: 30 January 2023 Decision date: 30 January 2023 Jurisdiction: Criminal Before: Shields LCM Decision: Remand Warrant Issued - Inappropriate to fix a new non-parole period Catchwords: Parole — Breach of Parole — Revocation of Parole — Untried Charges for offences alleged to have been committed while on Parole — Whether inappropriate to set Non-Parole Period Legislation Cited: Crimes Act 1914 (Cth), ss 16A(2), 19AQ, 19AR, 19AU, 19AV, 19AW, 19AX Customs Act 1901 (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Ahmad v Attorney-General (Cth) [2022] FCA 1270 Cant v Commonwealth Director of Public Prosecutions [2014] QSC 62 Dobie v Commonwealth of Australia (2013) 216 FCR 300; [2013] FCA 1224 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 R v Cant [2014] QCA 334 Category: Sentence Parties: Commonwealth Director of Public Prosecutions – Applicant

Hyeon Joon CHOI - Respondent Representation: Counsel: Ms A. Ranson, Senior Federal Prosecutor for the Commonwealth Director of Public Prosecutions

Mr D. Jordan SC, for the Respondent

Solicitors: Nyman Gibson Miralis - Respondent File Number(s): 2004/00015217 Publication restriction: NIL

Judgment 1. By an Application filed on 9 April 2022 the Commonwealth Director of Public Prosecutions seeks the issue of a remand warrant under sec. 19AW of the Crimes Act 1914 (Cth) ('the Act') and, as part of that process, a determination whether it is appropriate to set a non-parole period and, if so, the setting of that period.