Ge v R [2019] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ge v R [2019] NSWCCA 41 Hearing dates: 26 October 2018 Decision date: 01 March 2019 Before: Hoeben CJ at CL [1] Davies J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) The sentence imposed by Acting Judge Delaney in the District Court on 25 September 2017 date is quashed. (3) In substitution, the applicant is sentenced to a head sentence of 6 years 4 months, with a non-parole period of 3 years 6 months, each commencing on 24 August 2016, with the head sentence expiring on 23 December 2022, and the non-parole period expiring on 23 February 2020. (4) The first date upon which the applicant will be eligible for possible release to parole is 23 February 2020. Catchwords: CRIMINAL LAW — Appeal against sentence — Commonwealth offence — Importation of large commercial quantity — guilty plea — utilitarian value of guilty plea not explicitly taken into account at first instance — principle in Xiao v R (2018) 96 NSWLR 1 — Crown conceded error — Court exercised sentencing discretion afresh — utilitarian value of guilty plea taken into account upon resentence — lesser sentence warranted in law Legislation Cited: Commonwealth Criminal Code, s 307.11(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 98(3) Crimes Act (Cth), s 16A(2)(g) Cases Cited: Lehn v R (2016) 93 NSWLR 205; (2016) 262 A Crim R 537; [2016] NSWCCA 255 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 R v Nguyen; R v Pham (2010) 205 A Crim R 106; [2010] NSWCCA 238 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Yixing Ge (Appellant) Regina (Respondent) Representation: Counsel: P Lowe (Appellant) S Callan (Respondent)