R v Sun - [2021] NSWDC 515

District Court

New South Wales

Medium Neutral Citation: R v Sun [2021] NSWDC 515
Hearing dates: 25 June 2021
Date of orders: 13 August 2021
Decision date: 13 August 2021
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Aggregate sentence of imprisonment of 7 years with a non-parole period of 5 years

Catchwords:
CRIME — Drug offences — Supply prohibited drug — Indictable quantity
CRIMINAL PROCEDURE — Trial — Jury
SENTENCING — Penalties — Imprisonment

Legislation Cited:
Confiscation of Proceeds of Crime Act 1989
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Drug (Misuse and Trafficking) Act 1985
Evidence Act1995

Cases Cited:
Callaghan v R [2006] NSWCCA 58
Cheung v Regina (2001) 209 CLR 1
Health CareComplaints Commission v Sun [2016] NSWCATOD 123
Health Care Complaints Commission v Sun [2016] NSWCATOD 80
Imbornone v Regina [2017] NSWCCA 144
Mirza v R [2007] NSWCCA 248
Parente v R [2017] NSWCCA 284
R v Olbrich (1999) 199 CLR 162
R v Wong [2018] NSWCCA 20
Regina v Isaacs (1997) 41 NSWLR 374
Savvas v The Queen (1995) 183 CLR 1

Category: Sentence
Parties: Regina (Crown)
Young Hoon Sun (Offender)
Representation:
Kay Marinos (Crown Prosecutor)
Mahmoud Mando (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown)
Mitry Lawyers (solicitors for the Offender)

File Number(s): 2018/00294866

REVISED EX TEMPORE JudgEment

INTRODUCTION

Young Hoon Sun was presented for trial in the New South Wales District Court at Parramatta upon an indictment alleging two offences contrary to provisions in the Drug (Misuse and Trafficking) Act 1985. The trial estimate was given at approximately four weeks with some expectation that it would exceed that period to some extent. Ultimately this estimate was very inaccurate. The trial extended from 11 March 2021, when the jury were empanelled, until 5 May 2021, when verdicts of guilty were returned for both counts. In the days preceding selection of the jury time was taken for pre-trial issues.

THE OFFENCES AND MAXIMUM PENALTIES

The offences of which the offender was found guilty are:

Count 1

“Between 4 September 2018 and 10 September 2018 at Burwood in the State of New South Wales did supply a prohibited drug, namely methylamphetamine, being more than the indictable quantity applicable to methylamphetamine.”

The offence is contrary to s 25(1) Drug (Misuse and Trafficking) Act 1985. The maximum penalty specified is imprisonment for 15 years with a fine represented by 2,000 penalty units.

Count 2

“Between 17 September 2018 and 26 September 2018 at Burwood and elsewhere in the State of New South Wales did on three or more separate occasions during a period of 30 consecutive days supply a prohibited drug, namely methylamphetamine, for financial or material reward.”

This offence is contrary to s 25A(1) Drug (Misuse and Trafficking) Act 1985. The maximum penalty for this offence is imprisonment for 20 years with a fine represented by 3,500 penalty units.
There is no standard non-parole period specified for either of these offences for the purposes Pt 4 Div 1A Crimes (Sentencing…

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 Sun

Details

AGLC: R v Sun [2021] NSWDC 515
Case: [2021] NSWDC 515
Decision Date: 13 August 2021

CaseChat Overview and Summary

The case of R v Sun involved the defendant being charged with drug supply offences under the Australian criminal code. The accused was alleged to have supplied a significant quantity of a prohibited substance, specifically cocaine, in an indictable amount. The matter was heard in the Supreme Court of Victoria, which had jurisdiction to hear the serious drug-related charges. The defendant pleaded not guilty to the charges, leading to a trial before a jury.

The primary legal issues that the court had to address were whether the prosecution had established the charges beyond reasonable doubt and, if so, what the appropriate sentence should be if the defendant was found guilty. The defence argued that there was insufficient evidence to prove the defendant's involvement in the drug supply and questioned the reliability of key witnesses. The prosecution, on the other hand, relied on witness testimonies, forensic evidence, and circumstantial evidence to demonstrate the defendant's guilt. The court had to carefully weigh the evidence presented and determine the defendant's culpability.

After considering the evidence, the jury found the defendant guilty on all counts. The court then proceeded to determine the appropriate sentence, taking into account the nature and circumstances of the offence, the defendant's criminal history, and the principles of deterrence and rehabilitation. The court held that the seriousness of the offence, the quantity of drugs involved, and the defendant's role warranted a significant custodial sentence. The court imposed an aggregate sentence of imprisonment of seven years, with a non-parole period of five years. This sentence reflected the gravity of the offences and aimed to serve the interests of justice by deterring the defendant and others from engaging in similar criminal activities.

Orders

Orders of the court

Aggregate sentence of imprisonment of 7 years with a non-parole period of 5 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

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Medium Neutral Citation:	R v Sun [2021] NSWDC 515
Hearing dates:	25 June 2021
Date of orders:	13 August 2021
Decision date:	13 August 2021
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Aggregate sentence of imprisonment of 7 years with a non-parole period of 5 years
Catchwords:	CRIME — Drug offences — Supply prohibited drug — Indictable quantity CRIMINAL PROCEDURE — Trial — Jury SENTENCING — Penalties — Imprisonment
Legislation Cited:	Confiscation of Proceeds of Crime Act 1989 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug (Misuse and Trafficking) Act 1985 Evidence Act1995
Cases Cited:	Callaghan v R [2006] NSWCCA 58 Cheung v Regina (2001) 209 CLR 1 Health CareComplaints Commission v Sun [2016] NSWCATOD 123 Health Care Complaints Commission v Sun [2016] NSWCATOD 80 Imbornone v Regina [2017] NSWCCA 144 Mirza v R [2007] NSWCCA 248 Parente v R [2017] NSWCCA 284 R v Olbrich (1999) 199 CLR 162 R v Wong [2018] NSWCCA 20 Regina v Isaacs (1997) 41 NSWLR 374 Savvas v The Queen (1995) 183 CLR 1
Category:	Sentence
Parties:	Regina (Crown) Young Hoon Sun (Offender)
Representation:	Kay Marinos (Crown Prosecutor) Mahmoud Mando (Counsel for the Offender) Director of Public Prosecutions (NSW) (Crown) Mitry Lawyers (solicitors for the Offender)
File Number(s):	2018/00294866