R v Choi [2010] NSWCCA 318

New South Wales Court of Criminal Appeal

CITATION: R v Choi [2010] NSWCCA 318 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15 December 2010

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Giles JA at 1; Hislop J at 2; RA Hulme J at 3

1. Crown appeal allowed. DECISION: 2. The sentence imposed in the District Court is quashed. 3. Taking into account the offences listed on the Form 1 document, the respondent is sentenced to a term of imprisonment comprising a non-parole period of two years six months and a balance of the term of the sentence of two years. The sentence is to date from 5 June 2010. The respondent will be eligible for release on parole upon the expiration of the non-parole period on 4 December 2012. The total term will expire on 4 December 2014.

CATCHWORDS: CRIMINAL LAW - sentence - Crown appeal - agreement to supply large commercial quantity of ecstasy - error in fact finding by sentencing judge - error in assessment of role of offender and objective seriousness of offence - extent of combined discount for plea and assistance - whether excessive weight given to subjective features - whether sentence manifestly inadequate

Criminal Appeal Act 1912 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drugs Misuse and Trafficking Act 1985 Crimes (Appeal and Review) Act 2001

CATEGORY: Principal judgment

Brown v R; R v Brown [2010] NSWCCA 73 McBeth v R [2009] NSWCCA 235 Mulato v R [2006] NSWCCA 282 R v Barlow [2010] NSWCCA 215 R v Day (1998) 100 A Crim R 275 R v Hearne [2001] NSWCCA 37; 124 A Crim R 451 CASES CITED : R v JW [2010] NSWCCA 49 R v Kalpaxis [2001] NSWCCA 19; 122 A Crim R 320 R v Mostyn [2004] NSWCCA 304; 145 A Crim R 304 R v Sukkar [2006] NSWCCA 92; 172 A Crim R 151 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Yaghi [2002] NSWCCA 396; 133 A Crim R 490 R v Zamagias [2002] NSWCCA 17