Lee v R [2017] NSWCCA 156

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v R [2017] NSWCCA 156 Hearing dates: 23 June 2017 Decision date: 30 June 2017 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Wilson J at [48] Decision: 1. Leave to appeal against sentence granted and appeal upheld. 2. Quash the sentence imposed in the District Court on 19 August 2016 and in lieu impose a sentence of imprisonment for 3 years to date from 31 March 2016. The applicant is to be released on recognizance on 30 December 2017 after serving 1 year and 9 months upon giving security by recognizance in the sum of $100 without surety that he will be of good behaviour for the balance of the term of the sentence. Catchwords: CRIMINAL LAW – appeal against sentence – importation of an unspecified quantity of methamphetamine contrary to s 307.3 of the Criminal Code 1995 (Cth) – gross weight of item 3.2 kg but actual quantity of drug unknown – sentencing judge made finding that the offender must have been aware it was a significant quantity – whether breach of De Simoni principle – marketable quantity of methamphetamine only 2 g – sentencing judge did err by taking into account the fact it was a significant quantity – sentencing judge did not just make finding in relation to what offender intended to import – appeal allowed Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(3) Criminal Code 1995 (Cth) s 307 Criminal Code Regulations 2002 Cases Cited: Kentwell v The Queen [2014] HCA 37; 252 CLR 601 Nguyen v The Queen [2016] HCA 17; 256 CLR 656 R v Lee [2007] NSWCCA 234 R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106 The Queen v De Simoni [1981] HCA 31; 147 CLR 383 Category: Principal judgment Parties: Hing Nong Lee (Applicant) Regina (Respondent) Representation: Counsel: Mr F Coyne (Applicant) Ms J Single (Crown)