Jinde Huang aka Wei Liu v R [2018] NSWCCA 70

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Hearing dates: 24 July 2017 Date of orders: 20 April 2018 Decision date: 20 April 2018 Before: Bathurst CJ at [1] Beazley P at [10] Hoeben CJ at CL at [23] McCallum J at [26] Bellew J at [27] Decision: (1) Leave to appeal against sentence granted.

(2) Appeal allowed.

(3) Sentences imposed in the District Court of NSW on 29 March 2016 quashed.

(4) In lieu thereof:

(i) In respect of the offence contrary to the Criminal Code (Cth), s 400.9(1), the applicant is sentenced to a term of imprisonment of 2 years, 3 months commencing on 18 December 2013 and expiring on 17 March 2016.

(ii) In respect of the offence contrary to the Criminal Code 1995 (Cth), s 307.1(1), the applicant is sentenced to a term of imprisonment of 13 years commencing on 17 June 2014 and expiring on 16 June 2027.

(iii) The total term of imprisonment is 13 years, 6 months commencing on 18 December 2013 and expiring on 17 June 2027.

(iv) Specify a single non-parole period of 9 years, 5 months commencing on 18 December 2013 and expiring on 17 May 2023. Catchwords: CRIMINAL LAW – Sentence – Appeal – Federal offences – Failure to have regard to utilitarian value of plea of guilty in assessing discount – Error established – Applicant resentenced

CRIMINAL LAW – Sentence – Appeal – Federal offences – Discount for plea of guilty – Necessity to specify the discount which is given in terms which ensure transparency in the sentencing process and precision in the sentence imposed – Observations as to the practice of expressing discount by reference to a range Legislation Cited: Criminal Code 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Ayache v R [2013] NSWCCA 41 Director of Public Prosecutions (Cth) v Thomas (2016) 347 ALR 275; [2016] VSCA 237 Ghobrial v R [2012] NSWCCA 221 Hall v R [2017] NSWCCA 260 Hili v R (2010) 242 CLR 520; [2010] HCA 45 House v R (1936) 55 CLR 499; [1936] HCA 40 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 R v Burton [2008] NSWCCA 128 R v Knight; R v Biuvanua [2007] NSWCCA 283; (2007) 176 A Crim R 338 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Xiao v R [2018] NSWCCA 4 Yuksel v R [2010] NSWCCA 65 Category: Principal judgment Parties: Jinde Huang aka Wei Liu (Applicant) Regina (Crown) Representation: Counsel: H Dhanji SC and R Burgess (Applicant) S McNaughton SC, T Prince and R Ranken (Crown)