Wong v R [2018] NSWCCA 263

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wong v R [2018] NSWCCA 263 Hearing dates: 10 October 2018 Decision date: 23 November 2018 Before: Leeming JA at [1] Walton J at [2] Wilson J at [3] Decision: (1) Leave to appeal granted. (2) Appeal is dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – import commercial quantity of border controlled drug – methamphetamine – whether the sentencing judge considered the plea of guilty in mitigation – whether the sentencing judge erred in dealing with the criminality involved in the s 16BA matter – whether the sentencing judge erred in finding the sentence was aggravated by being committed without regard for public safety – organised criminal activity – whether the sentencing judge erred in placing too much emphasis on the offence being committed for financial gain - whether the sentencing judge erred in failing to take into account the character, age and antecedents of the applicant – whether the sentencing judge failed to make a finding regarding rehabilitation – whether the sentence imposed is manifestly excessive Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 137 A Crim R 180; [2002] NSWCCA 518 DBW v R [2007] NSWCCA 236 Devine v R [2009] NSWCCA 261 DPP (Cth) v Gow (2015) NSWCCA 208; 298 FLR 397 Hughes v R [2018] NSWCCA 2 Iyoha v R [2011] WASCA 46 Kassis v R [2013] NSWCCA 298 Landner v R [2014] NSWCCA 198 Lim v The Queen [2017] VSCA 246 R v Barton (2001) 121 A Crim R 185; [2001] NSWCCA 63 R v Calis [2013] QCA 165 R v Dennison [2011] NSWCCA 114 R v Lawrence [2005] NSWCCA 91 R v Morgan (1993) 70 A Crim R 368 R v Onyebuchi [2016] QCA 143 R v Schumacher [2005] NSWCCA 335 R v Vougdis (1989) 41 A Crim R 125 Van Can Ha v R [2008] NSWCCA 141 Category: Principal judgment Parties: Ka Yi Elizabeth Wong Regina Representation: Counsel: Mr M. C. Ramage QC - Applicant Ms G. Wright – Respondent