Zhuang v Director of Public Prosecutions (NSW) [2016] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zhuang v Director of Public Prosecutions (NSW) [2016] NSWCCA 27 Hearing dates: 24 February 2016 Decision date: 01 March 2016 Before: Hoeben CJ at CL at [1] Johnson J at [2] Davies J at [52] Decision: 1. Leave to appeal granted. 2. Appeal against the drug proceeds order made against the Applicant on 4 April 2014 is dismissed. 3. The drug proceeds order made against the Applicant on 4 April 2014 in the District Court is confirmed. Catchwords: CRIMINAL LAW – appeal against sentence – drug supply offences – challenge to drug proceeds order made pursuant to Confiscation of Proceeds of Crime Act 1989 – alleged error in calculation of sum of order – whether failure to consider suggested involvement of other persons in the chain of drug supply – where point not raised below – no error demonstrated – appeal dismissed Legislation Cited: Confiscation of Proceeds of Crime Act 1989 Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985 Cases Cited: Director of Public Prosecutions (NSW) v Colakoglu [2015] NSWCCA 301 R v Hall [2013] NSWCCA 47; 227 A Crim R 544 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Shelley Zhuang (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: Mr KH Averre (Applicant) Mr P Ingram SC (Respondent)