CHOI v R [2007] NSWCCA 150

New South Wales Court of Criminal Appeal

CITATION: CHOI v R [2007] NSWCCA 150 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 4 August 2006

JUDGMENT DATE: 1 June 2007

JUDGMENT OF: Beazley JA at 1; Hulme J at 2; Hislop J at 186

DECISION: Dismiss the appeal against conviction; Grant leave to appeal against sentence; Dismiss the appeal against sentence

PARTIES: Hyeon Joon CHOI Regina

FILE NUMBER(S): CCA 2006/718

COUNSEL: Crown: Mr R Sutherland SC Appellant: Mr P Byrne SC

SOLICITORS: Crown: Michal Poberezny Comm DPP Appellant: Giddy & Crittenden

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0353

LOWER COURT JUDICIAL OFFICER: Solomon DCJ

- 60 - IN THE COURT OF CRIMINAL APPEAL 2006/718

BEAZLEY JA HULME J HISLOP J Friday, 1 June 2007 R v Hyeon Joon CHOI Judgment 1 BEAZLEY JA: I agree with Hulme J. 2 HULME J: On 13 September 2004 the abovenamed Hyeon Joon Choi (sometimes referred to as "John") was convicted of an offence under Section 233B(1)(d) of the Customs Act 1901 (C'th) that:- "Between about 23 March 2001 and 5 December 2001 (he) … was knowingly concerned in the importation into Australia of prohibited imports… namely narcotic goods consisting of a quantity of 3, 4 methylenedioxymethamphetamine being not less than the commercial quantity applicable to methylenedioxymeth-amphetamine". 3 On 3 August 2005 he was sentenced by Judge Solomon to imprisonment for 20 years including a non-parole period of 13 years, both periods commencing on 8 May 2003. 4 He has appealed against his conviction and seeks leave to appeal against sentence. The grounds in these respects are:-