R v Pang [1999] NSWCCA 4

Reported Decision : 105 A Crim R 474

New South Wales Court of Criminal Appeal CITATION : R v Pang [1999] NSWCCA 4 revised - 08/03/99 FILE NUMBER(S) : CCA 60669/98 HEARING DATE(S) : 12 February 1999 JUDGMENT DATE : 12 February 1999

PARTIES : Tack Lee Pang JUDGMENT OF : Meagher JA; Wood CJatCL; Barr J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Kirkham DCJ

COUNSEL : T L Buddin SC (Appellant) G J Bellew (Crown) SOLICITORS : Legal Aid Commission of NSW Commonwealth DPP CATCHWORDS : CRIMINAL LAW - sentencing; appeal against sentence; whether trial judge erred in not allowing sufficient discount for assistance to authorities ; whether trial judge erred in not making allowance for absence of remissions within NSW Criminal Justice System when setting non-parole period Customs Act 1901 s 233B ACTS CITED : Crimes Act 1914 (Cth) ss 16A 16G l 21E DECISION : Aplication allowed; Sentence below quashed; Sentence of imprisonnment for five years with a non-parole period of three years imposed

IN THE COURT OF CRIMINAL APPEAL

No. 60669/98 MEAGHER JA WOOD CJ at CL BARR J

FRIDAY 12 FEBRUARY 1999 REGINA v TACK LEE PANG

The applicant pleaded guilty to an offence of being knowingly concerned in the importation of a commercial quantity of heroin, contrary to s 233B(1)(d) of the Customs Act 1901 . His role in the importation was that of a courier. He collected and signed for the heroin, and delivered it to an intermediary.

He was sentenced to a term of six years with a non-parole period of five years. He challenged the sentence on the basis that his Honour erred in not allowing a sufficient discount for the assistance provided by the applicant, and in not making any allowance for the absence of remissions within the NSW Criminal Justice System when setting the non-parole period.