Cherdchoochatri v R [2013] NSWCCA 118

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cherdchoochatri v R [2013] NSWCCA 118 Hearing dates: 27 March 2013 Decision date: 20 May 2013 Before: Emmett JA at [1]; Simpson J at [12]; Latham J at [65] Decision: (i) Leave to appeal granted; (ii) Appeal allowed, sentence imposed in the District Court set aside; (iii) Proceedings remitted to the District Court for further hearing and determination. Catchwords: CRIMINAL LAW - appeal - sentencing - severity - plea of guilty - import marketable quantity of border controlled drug (heroin) - whether applicant was denied procedural fairness in that the sentencing judge failed to warn that he did not accept the uncontested evidence of duress - whether sentencing judge erred in failing to find that the applicant had acted under duress when he committed the offence for which he stood for sentence - Ground 1 made out - appeal allowed - matter remitted for further hearing in District Court Legislation Cited: Criminal Code (Cth) Evidence Act 1995 Cases Cited: Cameron v The Queen [2002] HCA 6; 209 CLR 339 Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 Lindsay v R [2012] NSWCCA 124 O'Neil-Shaw v R [2010] NSWCCA 42 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 Tiknius v R [2011] NSWCCA 215 Category: Principal judgment Parties: Gulachat Cherdchoochatri (Applicant) Regina (Respondent) Representation: Counsel: D Barrow (Applicant) L Crowley (Respondent) Solicitors: Legal Aid Commission NSW (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2011/90778 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-10-14 00:00:00 Before: Bennett DCJ File Number(s): 2011/90778