Regina v LE [2002] NSWCCA 232

New South Wales Court of Criminal Appeal

CITATION : Regina v LE [2002] NSWCCA 232 FILE NUMBER(S) : CCA CCA 60118/02 HEARING DATE(S) : 14 June, 2002 JUDGMENT DATE : 14 June 2002

PARTIES : Thi Phuong Le (appellant) Regina (respondent) JUDGMENT OF : Adams J at 1, 15; Blanch AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/11/0993 LOWER COURT JUDICIAL Payne DCJ OFFICER :

COUNSEL : C Simpson (appellant) R Herps (Crown) SOLICITORS : P Baird, Baird & Associates (appellant) SE O'Connor (Crown) CATCHWORDS : Criminal law - appeal against sentence - take part in supply of large commercial quantity of heroin LEGISLATION CITED : Drug Misuse and Trafficking Act, 1985 s25(2) R v Pham [2001] NSWCCA 307 Olbrich v The Queen (1999) 73 ALJR 1550 CASES CITED: Lowe v The Queen (1984) 154 CLR 606 R v Pilley (1991) 56 A Crim R 202 R v Chan [1999] NSWCCA 103 DECISION : Leave to appeal granted. Appeal dismissed.

- 7 -IN THE COURT OF CRIMINAL APPEAL

60118/02 ADAMS J BLANCH AJ 14 June 2002 REGINA v Thi Phuong LE JUDGMENT

1 ADAMS J: I will ask Blanch J to give the first judgment. 2 BLANCH J: This is an application for leave to appeal against a sentence imposed on 22 February 2002. The applicant stood trial on a charge of knowingly take part in the supply of a large commercial quantity of heroin contrary to s25(2) of the Drug Misuse and Trafficking Act between 14 and 24 May 2001. She was convicted and on 22 February 2002, sentenced to nine and a half years imprisonment, to commence on 13 April 2000, with a non-parole period of five years and four months, to expire on 12 August 2005.