Yi Hong PUAN v R [2009] NSWCCA 194

New South Wales Court of Criminal Appeal

CITATION: Yi Hong PUAN v R [2009] NSWCCA 194

HEARING DATE(S): 16/07/2009

JUDGMENT DATE: 5 August 2009

JUDGMENT OF: Hodgson JA at 1; Howie J at 2; Fullerton J at 67

DECISION: Appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal is dismissed.

CATCHWORDS: Criminal Law - Appeal against conviction and sentence - Grounds that defence counsel incompetent, witnesses fabricated evidence, verdict unreasonable - Sentence - whether judge erred in determining role in importation - whether sentence excessive.

LEGISLATION CITED: Customs Act 1901 (Cth) - s 233B Crimes Act 1914 (Cth) - s 16G

CATEGORY: Principal judgment

Clee v R [2009] NSWCCA 18 CASES CITED : R v Abbott (1985) 17 A Crim R 355 R v McKenna (NSWCCA, unreported, 16 October 1992) R v Raz (NSWCCA, unreported, 17 December 1990)

PARTIES: Yi Hong Puan v Regina

FILE NUMBER(S): CCA 2006/13305

COUNSEL: I Bourke - Crown Appellant appeared in person

SOLICITORS: Commonwealth Director of Public Prosecutions - Crown Appellant appeared in person

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0228

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

LOWER COURT DATE OF DECISION: 22/06/2007

IN THE COURT OF CRIMINAL APPEAL 2006/13305

HODGSON JA HOWIE J FULLERTON J

WEDNESDAY 5 AUGUST 2009 Yi Hong PUAN V R Judgment 1 HODGSON JA: I agree with Howie J. 2 HOWIE J: The appellant, who appears unrepresented before this Court, was convicted by a jury of an offence of importing a commercial quantity of methylamphetamine contrary to s 233B of the Customs Act (Cth). As a consequence Judge Morgan (the Judge) sentenced the appellant to imprisonment for 12 years with a non-parole period of 8 years. The sentence dated from 27 September 2005 and the appellant is eligible to be released to parole on 26 September 2013. 3 The appellant raises the following grounds of appeal against his conviction: