R v Choi

Local Court

New South Wales

Medium Neutral Citation:

R v CHOI [2023] NSWLC 1

Hearing dates:

9 December 2022

Date of orders:

30 January 2023

Decision date:

30 January 2023

Jurisdiction:

Criminal

Before:

Shields LCM

Decision:

Remand Warrant Issued - Inappropriate to fix a new non-parole period

Catchwords:

Parole — Breach of Parole — Revocation of Parole — Untried Charges for offences alleged to have been committed while on Parole — Whether inappropriate to set Non-Parole Period

Legislation Cited:

Crimes Act1914 (Cth), ss 16A(2), 19AQ, 19AR, 19AU, 19AV, 19AW, 19AX

Customs Act1901 (Cth)

Drug Misuse and Trafficking Act1985 (NSW)

Cases Cited:

Ahmad v Attorney-General (Cth) [2022] FCA 1270

Cant v Commonwealth Director of Public Prosecutions [2014] QSC 62

Dobie v Commonwealth of Australia (2013) 216 FCR 300; [2013] FCA 1224

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40

R v Cant [2014] QCA 334

Category:

Sentence

Parties:

Commonwealth Director of Public Prosecutions – Applicant

Hyeon Joon CHOI - Respondent

Representation:

Counsel: Ms A. Ranson, Senior Federal Prosecutor for the Commonwealth Director of Public Prosecutions

Mr D. Jordan SC, for the Respondent

Solicitors: Nyman Gibson Miralis - Respondent

File Number(s):

2004/00015217

Publication restriction:

NIL

Judgment

1. By an Application filed on 9 April 2022 the Commonwealth Director of Public Prosecutions seeks the issue of a remand warrant under sec. 19AW of the Crimes Act1914 (Cth) (‘the Act’) and, as part of that process, a determination whether it is appropriate to set a non-parole period and, if so, the setting of that period.

Evidence

2. The evidence in the Application is contained in a Crown Bundle that was tendered without objection and marked as Exhibit 1. The Crown Bundle contains the following documents:

1. Affidavit of Jennifer Perrin affirmed on 1 August 2022 and annexures;

2. The Respondent’s Criminal History Conviction Only as at 30 September 2022; and

3. A draft Warrant pursuant to sec. 19AW(1) of the Act.

3. The Respondent did not give any evidence in the Application, and none was given on his behalf.

4. There is no factual issue about any matter contained in the Crown Bundle, which is effectively common ground in the Application.

Factual Background

Index Offence

5. On 3 August 2005 Mr Choi (‘the Respondent’) stood before the District Court of New South Wales for trial for one count of being knowingly concerned in the importation to Australia of 34.4 kilograms of pure 2,4 methyleneoxymethamphetamine (‘MDMA’) contrary to s 233B of the Customs Act1901 (Cth).

6. The trial was heard before His Honour Judge Solomon and a finding of guilt was returned by the jury. The Respondent was convicted and sentenced to an effective term of twenty (20) years imprisonment, backdated to commence on 8 May 2003, with a specified non-parole period of thirteen (13) years. The non-parole period expired on 7 May 2016, and, absent of any other intervening factor, the head sentence was to expire on 7 May 2023. The remarks on sentence are part of Exhibit 1.

Parole