R v Chi Pan Chow [2018] NSWDC 339

District Court New South Wales

Medium Neutral Citation: R v Chi Pan Chow [2018] NSWDC 339 Hearing dates: 25 January 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentence corrected non parole period varied. Catchwords: CRIMINAL LAW SENTENCING – Commonwealth sentence – sentence correction – applying S 19AHA Crimes Act 1914 – slip rule not required – Judge concedes calculation error – rectification of error. Legislation Cited: Criminal Code (Cth) Crimes Act 1914 Cases Cited: Achurch v The Queen (2014) 253 CLR 141 Afu v R [2017] NSWCCA 246 Green v R (2011) 244 CLR 462 Lau [2010] NSWCCA 43 Category: Sentence Parties: Chi Pan Chow (Offender) Director of Public Prosecutions (Commonwealth) Representation: Counsel: Ms G Westgarth (for the Director of Public Prosecutions, Commonwealth) Mr Anders Mykkeltvedt (for the offender)

Solicitors: Mr L Ting (for the offender) File Number(s): 2016/00268533

Judgment

A sentence for importing a commercial quantity of a border controlled drug. 1. On Thursday, 25 January 2018, the fourth and most complex sentence matters in my list that day were proceedings brought by the Director of Public Prosecutions against Chi Pan Chow and Ka Yee Elizabeth Wong. 2. Both Chow and Wong had committed significant crimes. In July 2016, Chow imported into Australia 3,170 grams of pure methamphetamine in two consignments: s 307.1(1) Criminal Code (Cth). He also asked that I take into account two other offences – import a marketable quantity of a border controlled drug and traffic a controlled drug. 3. During the hearing I received documentary evidence from both the prosecution and the defence; including some oral evidence. After submissions, I proceeded immediately to sentence. 4. I sentenced Chow to a term of imprisonment of 11 years with a non-parole period of six years and nine months. I took into account his early guilty plea. The sentence commenced on 6 September 2016. His non-parole period expired on 5 June 2023. The balance of the term was four years and six months. As I concluded my remarks I said, "For those who are mathematically minded a starting point of 15 years, slightly rounded down - 55% ratio." 5. Wong was also dealt with for a s 307.1(1) offence. Her offence involved 787 grams of pure methamphetamine. An offence of traffic a controlled drug was taken into account. I sentenced Wong to a term of imprisonment of six years and nine months with a non-parole period of three years and nine months. Her non-parole period was 55% of the total sentence.