Sintat v R [2018] NSWCCA 165

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sintat v R [2018] NSWCCA 165 Hearing dates: 25 July 2018 Date of orders: 25 July 2018 Decision date: 25 July 2018 Before: Hoeben CJ at CL at [1] [43] [45]; Price J at [2]; Davies J at [44] Decision: (1) Leave to appeal granted.

(2) Appeal dismissed. Catchwords: CRIME – sentence appeal – offence of importing a marketable quantity of cocaine – failure by the judge to allow a discount for the utilitarian value of guilty plea – whether applicant should be re-sentenced – no different sentence than the sentence imposed by the judge should have been passed – appeal dismissed Legislation Cited: Criminal Code Act 1995 (Cth), ss 11.2A, 307.2 Crimes Act 1914 (Cth), ss 16A, 20 Cases Cited: Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 R v Lopez-Alonso (1996) 86 A Crim R 270 R v Nguyen; R v Pham [2010] NSWCCA 238; (2010) 205 A Crim R 106 Wong v the Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64 Xiao v R [2018] NSWCCA 4 Category: Principal judgment Parties: Delphine Gaelle Ngo Bisseck Sintat (Applicant) Regina (Respondent) Representation: Counsel: Mr Smith (Applicant) Ms Single (Respondent)

Solicitors: Criminal Defence Lawyers (Applicant) Solicitor for Commonwealth Public Prosecutions (Respondent) File Number(s): 2016/238204 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 06 October 2017 Before: Buscombe DCJ File Number(s): 2016/238204