Bae v R [2016] NSWCCA 11

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bae v R [2016] NSWCCA 11 Hearing dates: 9 February 2016 Date of orders: 19 February 2016 Decision date: 19 February 2016 Before: Bathurst CJ [1] Hoeben CJ at CL [2] RS Hulme AJ [3] Decision: (i) Grant leave to appeal; (ii) Allow the appeal; (iii) Quash the sentence imposed by Toner DCJ; (iv) Sentence the Applicant to imprisonment for a period of 8 years commencing on 1 April 2013 and concluding on 31 March 2021, such period to include a non-parole period of 5 years and 4 months also commencing on 1 April 2013 but concluding on 31 July 2018. Catchwords: Criminal law - sentencing, reckless importation of methylamphetamine - courier - parity Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Criminal Code Regulations 2002 (Cth) Cases Cited: Kentwell v R [2014] HCA 37; (2014) 252 CLR 601 Huynh v R [2015] NSWCCA 167 Category: Principal judgment Parties: Sanghyeck Bae (Applicant) Regina (Respondent) Representation: Counsel: Ms M Avenell (Applicant) Ms A Cook (Respondent)

Solicitors: Solicitor for DPP Legal Aid NSW File Number(s): 2013/98514 Publication restriction: No Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 5 February 2015 Before: Toner DCJ File Number(s): 2013/98514