Wei v R [2015] NSWCCA 66

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wei v R [2015] NSWCCA 66 Hearing dates: 8 April 2015 Date of orders: 08 April 2015 Decision date: 08 April 2015 Before: Beazley P at [1] RA Hulme J at [2] Adamson J at [3] Decision: (1) Leave to appeal granted and appeal allowed.

(2) Quash the sentence imposed in the District Court on 6 March 2014 and in lieu thereof, taking into account the offences listed on the Form 1, sentence the offender to imprisonment comprising a non-parole period of 1 year 6 months with a balance of the term of the sentence of 1 year 1 month.

(3) The sentence is to date from 18 July 2013.

(4) The offender became entitled to release on parole upon the expiration of the non-parole period on 17 January 2015. Catchwords: CRIMINAL LAW – sentencing – applicant engaged to play low-level role in cultivation of cannabis inside converted suburban house – whether sentencing judge placed too much weight on applicant's status as illegal immigrant CRIMINAL LAW – sentencing – whether discount applied for early guilty plea by applicant –Court not lightly to infer obvious omission by experienced sentencing judge – discount neither quantified by sentencing judge nor expressly taken into account – inference of omission drawn from lack of reference to discount for utilitarian value of plea and magnitude of sentence CRIMINAL LAW – sentencing – manifest excess – preservation of sentencing judge's findings and structure – reduction of sentence to apply discount for early plea Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 32 Drug Misuse and Trafficking Act 1985 (NSW), ss 21A(3)(i), 22, 23(2)(a), 25(1) Electricity Supply Act 1995 (NSW), s 64(1) Cases Cited: Convery v R [2014] NSWCCA 93 Devine v R [2009] NSWCCA 261 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Lawrence [2005] NSWCCA 91 R v Sutton [2004] NSWCCA 225 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Veen v The Queen (No. 2) [1988] HCA 14; 164 CLR 465 Texts Cited: New South Wales, Parliamentary Debates, Legislative Council, 23 November 2010, 27866 (Michael Veitch) Category: Principal judgment Parties: Vincent Lim Chee Wei (Applicant) Regina (Respondent) Representation: Counsel: W Hunt (Applicant) H Roberts (Crown)