Chiang v R [2016] NSWCCA 45

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chiang v R [2016] NSWCCA 45 Hearing dates: 18 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Before: Beazley P, Harrison J and R A Hulme J at [1] Decision: (1) Application for leave to appeal granted and the appeal allowed. (2) Quash the sentence imposed in the District Court on 2 October 2015 and in lieu thereof sentence Mr Chiang to imprisonment for a non-parole period of 6 months with a balance of term of 3 months. The sentence is to date from 2 October 2015. The non-parole period expires on 1 April 2016 and the total term expires on 1 July 2016. The Court directs the release of Mr Chiang on parole forthwith. Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug – s 25(1) Drug Misuse and Trafficking Act 1985 – whether sentencing judge entitled to be satisfied that drugs were in the possession of applicant for purposes claimed by him – whether sentence manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: AB v R [2014] NSWCCA 339 Aoun v R [2011] NSWCCA 284 Clarke v R [2015] NSWCCA 232 Colville v R [2015] NSWCCA 149; 71 MVR 259 Dinsdale v The Queen [2005] HCA 54; (2000) 202 CLR 321 at 325 Filippou v The Queen [2015] HCA 29; 89 ALJR 776 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 McVittie v R [2015] NSWCCA 92 Mulato v Regina [2006] NSWCCA 282 R v Hinton (2002) 134 A Crim R 286 R v Holden [2014] NSWCCA 230 R v O'Donoghue (1968) 34 A Crim R 397 R v Taylor [2000] NSWCCA 442 R v Visconti [1982] 2 NSWLR 104 R v Zamagias [2002] NSWCCA 17 Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278 Category: Principal judgment Parties: Michael Yui Chiang (Applicant) Crown (Respondent) Representation: Counsel: N Parsons (Applicant) H Baker (Respondent)