R v Chew

Case

[2022] NSWDC 325

17 March 2022


Details
AGLC Case Decision Date
R v Chew [2022] NSWDC 325 [2022] NSWDC 325 17 March 2022

CaseChat Overview and Summary

The appellant was charged with attempting to possess a marketable quantity of an unlawfully imported border-controlled drug, supplying a prohibited drug, and dealing with the proceeds of a crime. The matter was heard in the District Court of New South Wales. The appellant pleaded guilty to the charges but disputed the quantum of his sentence.

The court was required to consider the relevant factors to be taken into account in sentencing the appellant. These included the nature and circumstances of the offence, the appellant's culpability, the impact of his offending on the community, and the need for deterrence and rehabilitation. The court also needed to consider the appellant's guilty plea, his low-level role in the offending, his limited English proficiency, and the impact of COVID-19 on his life.

The court found that the appellant was a low-level participant in the offending but had employed to take the risk. The court also found that the appellant had limited English proficiency and had been impacted by COVID-19. However, the court found that the appellant's offending had a significant impact on the community and that there was a need for deterrence and rehabilitation. The court sentenced the appellant to a term of imprisonment of 1 year 6 months for the NSW offence and 3 years 4 months for the Commonwealth offence, with a non-parole period of 1 year 9 months.

The court ordered that the sentences be served concurrently, and the appellant be released on parole after serving 1 year 9 months of his sentence. The court also ordered that the appellant be subject to a supervision order for a period of 3 years after his release from prison.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Breach of Contract

  • Attempt

  • Drug Offences

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Most Recent Citation
R v Seguel (No 2) [2025] NSWDC 262

Cases Citing This Decision

6

R v Seguel (No 2) [2025] NSWDC 262
R v Shah (No 2) [2022] NSWDC 500
Shalida v The King [2024] NSWCCA 55
Cases Cited

3

Statutory Material Cited

4

R v Nguyen; R v Pham [2010] NSWCCA 238
R v Shi [2004] NSWCCA 135
R v Pham [2015] HCA 39