Chuang, Chih Wen v R; Chen, Chun Hung v R [2020] NSWCCA 60

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Chuang, Chih Wen v R; Chen, Chun Hung v R [2020] NSWCCA 60 Hearing dates: 20 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Before: Basten JA at [1]; Rothman J at [20]; Cavanagh J at [83] Decision: (1) Extension of time granted to the Applicants so as to allow the filing of the applications for leave to appeal and the appeal;

(2) Leave to appeal granted;

(3) Appeal allowed;

(4) The sentence imposed by the District Court on 31 March 2017 on Chun Hung Chen be quashed and in lieu thereof Chun Hung Chen be sentenced to a term of imprisonment of 9 years commencing 5 July 2014 and expiring 4 July 2023, with a non-parole period of 5 years and 6 months, concluding 4 January 2020;

(5) The sentence imposed by the District Court on 31 March 2017, on Chih Wen Chuang be quashed and in lieu thereof Chih Wen Chuang be sentenced to a term of imprisonment of 9 years, commencing 5 July 2014 and expiring 4 July 2023, with a non-parole period of 5 years and 6 months, concluding 4 January 2020.

(6) Each of Mr Chen and Mr Chuang were first eligible for parole on 4 January 2020. Catchwords: CRIME – appeal against sentence – Commonwealth offence – conspiracy to import drugs - failure to take into account the utilitarian value of the plea of guilty – re-sentencing required – parity principle and its application – relative role in conspiracy – sentence below quashed and new sentence imposed. Legislation Cited: Crimes Act 1914 (Cth), s 16A(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 22A and 23 Criminal Code Act 1995 (Cth), ss 11.5 and 307.5 Cases Cited: Director of Public Prosecutions (Cth) v Gow (2015) 252 A Crim R 573; [2015] NSWCCA 208 Director of Public Prosecutions (Cth) v Thomas (2016) 53 VR 546; [2016] VSCA 237 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Jimmy v R (2010) 77 NSWLR 540; [2010] NSWCCA 60 Jinde Huang aka Wei Liu v R (2018) 332 FLR 158; [2018] NSWCCA 70 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: 2014/198747: Chih Wen Chuang (Applicant) Regina (Respondent)