Regina v Chinh Vu Quoc LE [2002] NSWCCA 26

New South Wales Court of Criminal Appeal

CITATION : Regina v Chinh Vu Quoc LE [2002] NSWCCA 26 FILE NUMBER(S) : CCA 60215/01 HEARING DATE(S) : 11/02/02 JUDGMENT DATE : 11 February 2002

PARTIES : Regina (Resp) Chinh Vu Quoc Le (Appl) JUDGMENT OF : Hidden J at 25; Kirby J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0871 LOWER COURT JUDICIAL Blanch CJ/DC OFFICER :

COUNSEL : L Lamprati (Crown - Resp) C T Loukas (Appl) SOLICITORS : S E O'Connor (Crown - Resp) D J Humphreys (Appl) CATCHWORDS : Criminal Law & Procedure - Sentence - Appeal against severity - Youth - Deterrence must yield to rehabilitation to a degree LEGISLATION CITED : Drug Misuse and Trafficking Act 1985 Regina v Smiroldo [2000] NSWCCA 120 CASES CITED: Regina v Huang and Lin [2001] NSWCCA 76 Regina v Khaled [2001] NSWCCA 169 R v GDP (1991) 53 A Crim R 112 DECISION : Appeal allowed.; Ref para 24 for orders

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60215/01 Hidden J Kirby J

Monday 11 February 2002 REGINA v Chinh Vu Quoc LE

Judgment 1 KIRBY J: Chinh Vu Quoc Le (the applicant) was charged with an offence under s 25A of the Drug Misuse and Trafficking Act 1985 ("the Act"). The indictment, omitting formal parts, was in these terms: "That between 23 August 1999 and 22 September 1999 he did, on three or more separate occasions, supply a prohibited drug, namely, heroin for financial or material reward." 2 Mr Le pleaded guilty. On 29 March 2001 he was sentenced by Blanch CJ DC to imprisonment for five years with a non parole period of three years. The sentence was backdated to 7 March 2000 to reflect time in custody. The applicant seeks leave to appeal against the severity of that sentence.