Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Chiang v R [2016] NSWCCA 45 Hearing dates: 18 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Before: Beazley P, Harrison J and R A Hulme J at [1] Decision: (1) Application for leave to appeal granted and the appeal allowed.
(2) Quash the sentence imposed in the District Court on 2 October 2015 and in lieu thereof sentence Mr Chiang to imprisonment for a non-parole period of 6 months with a balance of term of 3 months. The sentence is to date from 2 October 2015. The non-parole period expires on 1 April 2016 and the total term expires on 1 July 2016. The Court directs the release of Mr Chiang on parole forthwith.Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug – s 25(1) Drug Misuse and Trafficking Act 1985 – whether sentencing judge entitled to be satisfied that drugs were in the possession of applicant for purposes claimed by him – whether sentence manifestly excessive Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Drug Misuse and Trafficking Act 1985Cases Cited: AB v R [2014] NSWCCA 339
Aoun v R [2011] NSWCCA 284
Clarke v R [2015] NSWCCA 232
Colville v R [2015] NSWCCA 149; 71 MVR 259
Dinsdale v The Queen [2005] HCA 54; (2000) 202 CLR 321 at 325
Filippou v The Queen [2015] HCA 29; 89 ALJR 776
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
McVittie v R [2015] NSWCCA 92
Mulato v Regina [2006] NSWCCA 282
R v Hinton (2002) 134 A Crim R 286
R v Holden [2014] NSWCCA 230
R v O’Donoghue (1968) 34 A Crim R 397
R v Taylor [2000] NSWCCA 442
R v Visconti [1982] 2 NSWLR 104
R v Zamagias [2002] NSWCCA 17
Turnbull v Chief Executive of the Office of Environment and Heritage [2015] NSWCCA 278Category: Principal judgment Parties: Michael Yui Chiang (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
N Parsons (Applicant)
H Baker (Respondent)
Ren Zhou Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2014/322416 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 2 October 2015
- Before:
- Scotting DCJ
- File Number(s):
- 2014/322416
Judgment
-
THE COURT: Michael Chiang seeks leave to appeal against the sentence imposed upon him by Scotting DCJ on 2 October 2015 for the supply of ecstasy tablets, contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985. The offence carries a maximum penalty of 15 years imprisonment and/or a fine of $220,000. There is no standard non-parole period prescribed.
-
His Honour sentenced Mr Chiang to a term of imprisonment for 18 months to commence on 2 October 2015 and to expire on 1 April 2017 with a non-parole period of 9 months expiring on 1 July 2016. His Honour discounted the sentence by 25 percent to reflect Mr Chiang’s early guilty plea.
Background
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- AGLC
- Chiang v R [2016] NSWCCA 45
- Case
- [2016] NSWCCA 45
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentencing judge had appropriately assessed the evidence regarding Chiang's possession of the drugs. The judge had to determine if Chiang was merely a conduit for the drugs or had possession for the purposes of supplying them. The court also examined whether the sentence of imprisonment, along with a fine, was appropriate given the nature and circumstances of the offence. The court acknowledged the principle that sentencing is a matter of judicial discretion, but it also noted the importance of ensuring that sentences are not manifestly excessive.
After thorough analysis, the court concluded that the sentencing judge had correctly evaluated the evidence regarding Chiang's possession and the purposes for which the drugs were held. The court found no error in the judge's decision that Chiang was not merely a conduit but had possession of the drugs for the purpose of supplying them. Regarding the sentence, the court held that while the sentence was severe, it was not manifestly excessive given the nature of the offence and the need for deterrence and denunciation. Therefore, the appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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