Ching v R [2018] NSWCCA 101

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ching v R [2018] NSWCCA 101 Hearing dates: 23 May 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 Before: Basten JA at [1]; Johnson J at [2]; Adamson J at [3] Decision: Refuse leave to appeal against the sentence imposed by the District Court on 31 March 2017. Catchwords: CRIME – appeal – sentence – taking into account value and weight of drug imported when not known to offender – alleged error in failing to take mental illness into account – whether loss of housing commission accommodation while in custody amounts to extra-curial hardship – alleged manifest excess Legislation Cited: Criminal Code (Cth) s 307.2(1) Cases Cited: Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Pui Yee Ching (Applicant) Regina (Respondent) Representation: Counsel: M C Ramage QC (Applicant) S Callan (Respondent)

Solicitors: Jeffreys Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2015/329587 Decision under appeal Court or tribunal: District Court at Sydney Jurisdiction: Criminal Date of Decision: 31 March 2017 Before: Woodburne SC DCJ File Number(s): 2015/329587