Regina v David Chang [2003] NSWCCA 327

New South Wales Court of Criminal Appeal

CITATION : Regina v David Chang [2003] NSWCCA 327 revised - 13/11/2003 HEARING DATE(S) : 14 October 2003 JUDGMENT DATE : 14 October 2003

JUDGMENT OF : Sheller JA at 31; Sully J at 1; Howie J at 32 DECISION : Leave to appeal granted; Appeal dismissed

Drug Misuse and Trafficking Act LEGISLATION CITED : Justices Act Criminal Appeal Act PARTIES : Regina David Chang FILE NUMBER(S) : CCA 60215/03 COUNSEL : D. Arnott - Crown A. Francis - Appellant SOLICITORS : C. K. Smith - Crown B. Sandland - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0906 FILE NUMBER(S) : LOWER COURT Stewart ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60215/03

SHELLER JA SULLY J HOWIE J 14 October 2003 REGINA v DAVID CHANG Judgment 1 SULLY J: The applicant Mr Chang, pleaded guilty before a Local Court Magistrate to two drug-related offences. One offence charged him with having supplied, between 25 and 28 February 2002, a prohibited drug, namely heroin, on three or more occasions. Such an offence contravenes s 25A of the Drug Misuse and Trafficking Act and it attracts, upon conviction, a statutory maximum penalty of, relevantly imprisonment for 20 years. 2 The second offence charged against the applicant was that he had, on 30 May 2000, supplied a quantity of heroin contrary to s 25(1) of the same Act. Such a contravention attracts, upon conviction, a statutory maximum penalty of, relevantly, imprisonment for 15 years. 3 The applicant was committed upon his pleas; and he was remanded, pursuant to s 51A of the Justices Act, to the District Court for sentence in that Court. Proceedings on sentence took place on 25 October 2002, and the applicant stood eventually for sentence on 6 December 2002. 4 In respect of the s 25A matter, the applicant was sentenced to imprisonment for four years and four months with a non-parole period of three years and three months. On the s 25(1) matter, he was sentenced to a period of imprisonment for a period of three years with a non-parole period of one year and three months. There was a partial accumulation of the sentences, and its effect was to pass upon him sentences effectively totalling six years and three months, with non-parole periods effectively totalling four years and six months.