NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v. CHONG [2003] NSWCCA 274 HEARING DATE(S) : Monday 15 September 2003 JUDGMENT DATE : 29 September 2003
JUDGMENT OF : Hidden J at 1; Greg James J at 2; Newman AJ at 37 DECISION : Leave to appeal granted; the appeal allowed; the sentence confirmed; the non-parole period quashed; a non-parole period of 18 months be imposed to commence on 22 January 2003 and to expire on 21 July 2004 with a direction that the applicant be released to parole on the expiration of that non-parole period, but it is recommended that he be subject to the supervision of the Probation and Parole Service and a requirement that he obey all reasonable directions of that Service including, in particular, directions concerning his gambling and drug use.
CATCHWORDS : Criminal law - appeal - sentence - drug offence - considerations mitigating length of non-parole period - first time in custody - elderly offender of prior good character - full utilitarian value for plea - prospects of and need for rehabilitation. Drug Misuse and Trafficking Act 1985 LEGISLATION CITED : Justices Act 1902 Crimes (Sentencing Procedure) Act 1999 Simpson (2001) 126 A. Crim. R. 525 GDR (1994) 35 NSWLR 376 CASES CITED : Bugmy (1990) 169 CLR 525 POwer (1973) 131 CLR 623 House (1936) 55 CLR 499 PARTIES : REGINA v. CHONG, Harry Pit Soen FILE NUMBER(S) : CCA No. 60190/03 COUNSEL : Crown: D. Frearson App: S. Odgers, SC. SOLICITORS : Crown: S.E. O'Connor App: P. Katsoolis
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