R v Tak Hok Chong

District Court

New South Wales

Medium Neutral Citation:

R v Tak Hok Chong [2016] NSWDC 248

Hearing dates:

23 September 2016

Date of orders:

14 October 2016

Decision date:

14 October 2016

Jurisdiction:

Criminal

Before:

Hatzistergos DCJ

Decision:

The offender is convicted;

 

The offender is sentenced to a term of imprisonment of 8 years and 3 months to date from 9 December 2015 and to expire on 8 March 2024, comprised of a non-parole period of 5 years and 4 months and a balance of term of 2 years and 11 months; and

 The offender is eligible to be released to parole on the expiry of the non-parole period on 8 April 2021.

Catchwords:

CRIMINAL LAW – DRUG TRAFFICKING – not less than large commercial quantity – methylamphetamine – SENTENCING – principles of sentencing – special circumstances

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22, 44
Drug Misuse and Trafficking Act 1985 (NSW) s 25(2)
Drug Misuse and Trafficking Amendment (Methylamphetamine) Regulation 2015 (NSW)

Cases Cited:

Butters v R [2010] NSWCCA 1
Elyard v R [2006] NSWCCA 43
Legge v R [2007] NSWCCA 244
Mansour v R [2011] NSWCCA 28
Markarian v The Queen (2005) 228 CLR 357
Muldrock v The Queen (2011) 244 CLR 120
R v Cheikh; R v Hoete [2004] NSWCCA 448
R v Dang [2005] NSWCCA 430
R v Huang [2000] NSWCCA 238; (2000) 113 A Crim R 386
R v Leroy [1984] 2 NSWLR 441
R v Qutami [2001] NSWCCA 353; (2001)127 A Crim R 369
Regina v Shi [2004] NSWCCA 135
Regina v Wai Thung Chu (Unreported, NSW Court of Criminal Appeal, 16 October 1998)
Tiknius v R [2011] NSWCCA 215

Category:

Sentence

Parties:

Regina (Crown)
Mr Tak Hok Chong (Offender)

Representation:

Solicitor for the Director of Public Prosecutions (Crown)
Legal Aid NSW (Offender)

File Number(s):

2015/3621460

Publication restriction:

Nil

Judgment

1. On 23 September 2016, Mr Tak Hok Chong pleaded guilty before me to a charge of supplying a prohibited drug, namely, 923.1 grams of methylamphetamine, being an amount which was not less than the large commercial quantity pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). [1]

   1. Hereinafter the “1985 Act”

FACTS

2. On 9 December 2015, the police attached to the Transport Action Group were conducting an authorised drug detection dog operation at Central Railway Station, commencing at about 10:30 am. At 2:45 pm, the offender approached a police dog handler at the top of the escalators which separated the country and suburban platforms and asked for directions. The offender was carrying a black satchel bag over his shoulder. At that time the drug detection dog “Rachey” was nearby and working with a dog handler, Senior Constable Grand. Rachey had a change of behaviour and indicated at the offender.

3. Senior Constable Grand approached the offender and informed him that the dog had detected a scent of prohibited drugs in the free air space around him. The offender was advised that he…