R v Kinch [2016] NSWSC 63

Supreme Court New South Wales

Medium Neutral Citation: R v Kinch [2016] NSWSC 63 Hearing dates: 11/11/15, 18/11/15, 04/12/15 & 15/12/15 Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: Statice indictment: on counts 1 & 2, 22 ½ years concurrent. On count 3, 7 years partly accumulated by 2 years. NPP 16 years. Octans indictment: 14 ½ years. NPP 10 years. Catchwords: CRIMINAL LAW – sentence – separate conspiracies to import drugs – pleas of guilty – some assistance to authorities – conditions of a period of custody in Thailand taken into account Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Customs Act 1901 (Cth) Drug Misuse and Trafficking Act 1985 Evidence Act 1995 New South Wales Crime Commission Act 1985 Proceeds of Crime Act 1987 (Cth) Cases Cited: Director of Public Prosecutions (Cth) v Gow [2015] NSWCCA 208 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1 [2010] NSWCCA 194 Lee v The Queen [2014] HCA 20, 253 CLR 455 R v Ansari [2007] NSWCCA 204, 70 NSWLR 89 R v Bakhos Jalalaty [2010] NSWSC 1561 R v Ellis (1986) 6 NSLR 603 R v Standen [2011] NSWSC 1422 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders 5th Edition Category: Principal judgment Parties: Regina (Crown) James Henry Kinch (offender) Representation: Counsel: H Dhanji SC with S Buchen & J Roy (Crown) DG Dalton SC with A Williams (offender)