Le v Regina [2019] NSWCCA 181

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Le v Regina [2019] NSWCCA 181 Hearing dates: 17 June 2019 Date of orders: 17 June 2019 Decision date: 09 August 2019 Before: Bathurst CJ at [1] Price J at [2] N Adams J at [3] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW – appeal against sentence – plea of guilty to offence of cultivate commercial quantity of cannabis – where applicant made admissions to police upon arrest and walked them through grow operation whereas co-offender did not – whether sentencing judge failed to take into account applicant's admissions Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 23 Drug Misuse and Trafficking Act 1985 (NSW), s 23(2)(a) Electricity Supply Act 1995 (NSW), s 64(1) Cases Cited: Browning v R [2015] NSWCCA 147 CMB v Attorney General for New South Wales [2015] HCA 9; 256 CLR 346 R v Ellis (1986) 6 NSWLR 603 R v XX [2017] NSWCCA 90 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Hai Long Le (Applicant) Regina (Respondent) Representation: Counsel: Ms S Beckett (Applicant) Ms B Baker (Respondent)

Solicitors: Legal Aid NSW (Applicant) NSW Solicitor for Public Prosecutions (Respondent) File Number(s): 2017/139238 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Date of Decision: 26 June 2018 Before: Townsden DCJ File Number(s): 2017/139238