Chan Chee Hong v The Queen; Tai Ka Kin v The Queen

These proceedings before the High Court of Australia concerned appeals by Chan Chee Hong and Tai Ka Kin against sentences imposed following their convictions for possession of a narcotic substance contrary to section 233B of the *Customs Act*. Tai Ka Kin was initially sentenced to 15 years imprisonment for possession of approximately 5.4 kilograms of heroin. The Commonwealth Director of Public Prosecutions appealed this sentence, and the Court of Criminal Appeal increased it to 20 years. The applicants argued that the Court of Criminal Appeal erred in its sentencing by subordinating the principle of proportionality to the principle of deterrence.

The central legal issue before the High Court was whether the Court of Criminal Appeal had given proper regard to mitigating factors, such as the applicant's lack of prior convictions, the relatively small gain from the offence, and the time already spent in custody, when it increased the sentence. The applicants contended that the Court of Criminal Appeal's decision demonstrated that deterrence was the primary consideration, to the detriment of proportionality, and that the mitigating factors were not given sufficient weight.

The Court was required to determine if the substituted sentence of 20 years was outside the permissible range that proportionality would allow, considering the specific circumstances of the offender. The applicants argued that the Court of Criminal Appeal paid only superficial attention to the mitigating factors and placed undue emphasis on the value of the drug, comparative sentences, and the implications for parole eligibility, thereby elevating deterrence above other relevant sentencing principles.