R v Chung

[2018] QCA 161

SUPREME COURT OF QUEENSLAND

CITATION:

R v Chung [2018] QCA 161

PARTIES:

R
v
CHUNG, David
(applicant)

FILE NO/S:

CA No 238 of 2017
SC No 1221 of 2016

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Date of Sentence: 20 September 2017 (Martin J)

DELIVERED ON:

10 July 2018

DELIVERED AT:

Brisbane

HEARING DATE:

6 March 2018

JUDGES:

Fraser and Gotterson and Morrison JJA

ORDER:

The application is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant pleaded guilty to one count of trafficking in cocaine and MDMA over a period of 20 months and two counts of supplying cocaine – where on the trafficking charge he was sentenced to six years’ imprisonment and on the remaining two charges he was sentenced to six months’ imprisonment – where the applicant had no prior criminal history – where the applicant was one of five couriers in a sophisticated drug trafficking operation – where the learned sentencing judge found that the applicant had become engaged “in the management area” of that operation – where another courier who had been engaged to a much lesser extent in the trafficking had received a sentence of four years, suspended after 14 months – whether the sentence was manifestly excessive

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, cited
R v Burrell[2013] QCA 41, cited
R v Challacombe[2009] QCA 314, cited
R v Cooney; ex parte Attorney-General (Qld)[2008] QCA 414, cited
R v Keenan[2007] QCA 411, cited
R v Manning[2007] QCA 145, cited
R v Munoz[2012] QCA 269, cited

COUNSEL:

C F C Wilson for the applicant
S Dennis for the respondent

SOLICITORS:

Rostron Carlyle Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

1. FRASER JA:  I agree with the reasons for judgment of Morrison JA and the order proposed by his Honour.

2. GOTTERSON JA:  I agree with the order proposed by Morrison JA and with the reasons given by his Honour.

3. MORRISON JA:  Mr Chung was convicted and pleaded guilty to three counts of drug offending:

   (a)Count 1 – trafficking in cocaine and MDMA[1] over a period of more than 20 months between 1 June 2013 and 18 February 2015;

   (b)Count 2 – supplying cocaine on 23 February 2012; and

   (c)Count 3 – supplying cocaine on 21 July 2012.

   [1]3,4-methylenedioxymethamphetamine.

4. On the trafficking charge he was sentenced to six years’ imprisonment.  Nine days of pre-sentence custody was declared as time served and the parole eligibility date was fixed at 10 September 2019 (after serving two years).  On each of counts 2 and 3, the sentence was six months’ imprisonment with the nine days of pre-sentence custody declared as time served.

5. Mr Chung challenges the sentence imposed upon him as being manifestly excessive.

   Circumstances of the offending

6. An agreed schedule of facts was…