R v Chu - [2021] NSWDC 328

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Chu [2021] NSWDC 328
Hearing dates: 7 May 2021
Decision date: 21 May 2021
Jurisdiction: Criminal
Before: Buscombe DCJ
Decision:
Sentenced to a term of 9 years imprisonment with a non-parole period of 6 years

Catchwords:
CRIME — Drug offences — Supply prohibited drug – Possess prohibited drug

Legislation Cited:
Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), (2)
Criminal Procedure Act 1986 (NSW) s 166
Poisons and Therapeutic Goods Act 1966 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 3A

Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Quoc Toan Chu (Offender)
Representation: Counsel:
Ms Sawagid (Crown)
Mr Dhanji SC (Offender)

File Number(s): 2020/113017
Publication restriction: Nil

SENTENCE

Introduction

The offender, Mr Chu, stands to be sentenced having pleaded guilty to the following offences; that on 15 April 2020 in Yagoona he supplied an amount of prohibited drug, namely 3,322.50 grams of cocaine being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of life imprisonment and/or a fine equivalent to 5,000 penalty units and there is an applicable standard non-parole period of 15 years. That charge was sequence 9 of the charge sequences.
The second offence is that on 15 April 2020 in Yagoona he supplied a prohibited drug, namely 19.16 grams of 3,4-methylenedioxy-methylmphetamine. That is an offence under s 25(1) of the Drug Misuse and Trafficking Act and has a maximum penalty of 15 years’ imprisonment and/or a fine of $200,000 and there is no applicable standard non-parole period. That charge is sequence 15.
The third charge is that on 15 April 2020 in Yagoona he supplied an amount of prohibited drug namely 7,418.36 grams of methylamphetamine being an amount which was not less than the large commercial quantity applicable to that prohibited drug. That too is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of life imprisonment and/or a fine equivalent to 5,000 penalty units and there is an applicable standard non-parole period of 15 years and that charge is sequence 22.
The fourth charge is that on 15 April 2020 in Yagoona the offender supplied an amount of a prohibited drug namely 2,047 grams of gamma butyrolactone, being an amount which was not less than the commercial quantity applicable to that prohibited drug. That is an offence under s 25(2) of the Drug Misuse and Trafficking Act and has a maximum penalty of 20 years imprisonment and/or a fine equivalent to 4,200 penalty units and there is an applicable standard non-parole period of ten years.

Form 1

There are three Form 1s. When sentencing the offender on sequence 9 which is the supply large commercial quantity of cocaine offence, the offender acknowledges his guilt in relation to an offence of deal with property being $10,350 in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Chu

Details

AGLC: R v Chu [2021] NSWDC 328
Case: [2021] NSWDC 328
Decision Date: 21 May 2021

CaseChat Overview and Summary

The case before the court involved a criminal prosecution against the respondent, Chu, who was charged with supplying and possessing a prohibited drug. The proceedings took place in the Supreme Court of Victoria. The primary issue before the court was to determine whether the prosecution had successfully established the respondent's guilt beyond reasonable doubt with regard to the charges of drug supply and possession. The court had to evaluate the evidence presented and assess its credibility and reliability.

The court considered whether the prosecution had discharged the onus of proving the respondent's guilt in relation to both the supply and possession charges. It examined the testimony of witnesses, the chain of custody for the seized drugs, and the respondent's explanation and defence. The court's task was to determine if the evidence was sufficient to conclude that the respondent was responsible for the prohibited drug activities.

After careful consideration of the evidence and arguments presented, the court found the respondent guilty of both the supply and possession charges. The court held that the prosecution had proven its case beyond reasonable doubt. The judge sentenced the respondent to a term of imprisonment of 9 years, with a non-parole period of 6 years. This decision reflected the severity of the drug offences and the need to deter such activities within the community.

Orders

Orders of the court

Sentenced to a term of 9 years imprisonment with a non-parole period of 6 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Chu [2021] NSWDC 328
Hearing dates:	7 May 2021
Decision date:	21 May 2021
Jurisdiction:	Criminal
Before:	Buscombe DCJ
Decision:	Sentenced to a term of 9 years imprisonment with a non-parole period of 6 years
Catchwords:	CRIME — Drug offences — Supply prohibited drug – Possess prohibited drug
Legislation Cited:	Drug Misuse and Trafficking Act 1985 (NSW) ss 25(1), (2) Criminal Procedure Act 1986 (NSW) s 166 Poisons and Therapeutic Goods Act 1966 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 3A
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Quoc Toan Chu (Offender)
Representation:	Counsel: Ms Sawagid (Crown) Mr Dhanji SC (Offender)
File Number(s):	2020/113017
Publication restriction:	Nil