R v Chung [2023] NSWDC 604

District Court New South Wales

Medium Neutral Citation: R v Chung [2023] NSWDC 604 Hearing dates: 2 November 2023, 23 November 2023 Decision date: 24 November 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. 25% discount for utility of the plea – sentence rounded down by 21 days – no finding of special circumstances. Sentenced to a total term of imprisonment of 6 years and 9 months comprising a NPP of 5 years to commence on 23 February 2023 to expire on 22 February 2028 and a balance of term of 1 year and 9 months to commence on 23 February 2028 and to expire on 22 November 2029. Eligible for release to parole on 22 February 2028. Catchwords: CRIMINAL - sentence - supply a prohibited drug, more than a large commercial quantity - a significant quantity of methylamphetamine – objective seriousness - findings in re remorse and contrition – "a plea of guilty in itself does not necessarily indicate remorse" - "hierarchy" – role of offender – subjective matters Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: McLean v R [2020] NSWCCA 344 Category: Sentence Parties: Rex Chung, Wai Sze Representation: Counsel: Defence: Mr K Averre Solicitors: Crown: Ms G Alexander - ODPP Defence: Ms E Hoile - Kingston Fox Lawyers File Number(s): 2022/00276584

JUDGMENT 1. Ms Wai Sze Chung appears for sentence in respect of a single offence, being supply a prohibited drug, more than a large commercial quantity, contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The maximum penalty is a term of imprisonment of life, and there is a relevant standard non-parole period of 15 years. 2. The offender was committed for sentence on 31 May 2023 in the Sydney Downing Centre Local Court and is entitled accordingly to a 25% discount for the utility of the plea alone. The date of the offence was 9 June 2022. She was arrested on 15 September 2022 and was in custody until granted bail on 25 January 2023. Her bail was revoked on 6 July 2023, and she has been in custody since that date only in respect of this offence. 3. The facts are agreed as follows: 1. On 11 March 2022, New South Wales Police Force was granted a Controlled Operations Authority, authorising undercover officers to engage in negotiations or agreements related to the supply of prohibited drugs. 2. On 7 June 2022, UCO 1 corresponded with an unknown person via WhatsApp messages and arranged to purchase 1 kilogram of methylamphetamine for $150,000 on 9 June 2022. The unknown person requested that UCO 1 arrange to provide the cash in one location first and then the methylamphetamine would be supplied at a second location. UCO 1 agreed to this arrangement and confirmed he would arrange for one person to deliver the cash and another person to collect the methylamphetamine. The unknown person confirmed via WhatsApp messages that the location for the money exchange would be in Mandemar Avenue, Homebush West, and the location for the exchange of the prohibited drug would be in Cooper Avenue, Moorebank.