R v Zhang, S - [2017] NSWDC 455

District Court

New South Wales

Medium Neutral Citation: R v Zhang, S [2017] NSWDC 455
Hearing dates: 19 June 2017
Decision date: 23 June 2017
Jurisdiction: Criminal
Before: King SC DCJ
Decision:
Convicted.
Form 1 matter taken into account on sentence.
The offender is sentenced to a term of imprisonment for 9 years, comprising of a NPP of 6 years and 9 months to commence on 3/10/15 and to expire on 2/7/22, and a balance of term of 2 years and 3 months to commence on 3/7/22 and to expire on 2/10/24.

Catchwords: CRIMINAL – sentence - knowingly take part in the supply of a large commercial quantity of a prohibited drug, methylamphetamine – Form 1 matter - knowingly participate in a criminal group directing any of the activity – role of offender - offence committed whilst on parole - subjective matters
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Crimes Act 1900
Drug Misuse and Trafficking Act 1985
Cases Cited: Callaghan v R [2006] NSWCCA 58
R v Fernando [2002] NSWCCA 28
R v Huynh [2003] NSWCCA 239
R v McVeety [2002] NSWCCA 344
R v Moffatt [1990] 20 NSWLR 114
Category: Sentence
Parties: Regina
Si Ji Zhang
Representation: Solicitors:
Crown: Mr A Poulos; Mr M Dickenson
Defence: Mr M Ainsworth

File Number(s): 2015/00144758

Judgment

HIS HONOUR: Si Ji Zhang appears for sentence in respect of a single offence of knowingly take part in the supply of a large commercial quantity of a prohibited drug, being 1,996.9 gr of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. The maximum penalty provided is life imprisonment and/or 5000 penalty units. The legislation also provides a standard non-parole period of 15 years.
In addition he asks that when being sentenced for that offence that the Court take into account an offence contained on a Form 1 pursuant to s 32 of the Crimes (Sentencing Procedure) Act 1999. That offence is knowingly participate in a criminal group directing any of the activity, contrary to s 93T(1A) of the Crimes Act 1900. When dealt with separately the maximum penalty provided is 10 years’ imprisonment.
The facts are agreed and are as follows:
In December 2014, police attached to the State Crime Command Organised Crime Squad commenced Strike Force Sylvia, an investigation into the co-offender Li Wang and his involvement in the supply of prohibited drugs. As part of this investigation an authority to conduct a controlled operation was granted and a surveillance device warrant issued in respect of this offender. At the time the offender resided at 961/3 Naulty Place, Zetland. Li Wang is the registered owner and user of motor vehicle BSA-64G, a black Mercedes Benz sedan.

Knowingly take part in the supply of a prohibited drug – large commercial quantity

FORM 1 - Knowingly participate in a criminal group and direct activities

About 12pm on 14 May 2015, the offender, Si Zhang, co-offender Li Wang and co-accused Z Zhang and Z Tang met at the East Village…

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 Zhang, S

Details

AGLC: R v Zhang, S [2017] NSWDC 455
Case: [2017] NSWDC 455
Decision Date: 23 June 2017

CaseChat Overview and Summary

The respondent, Zhang, was convicted of engaging in the supply of a large commercial quantity of methylamphetamine. The case was heard in the relevant court, which was required to determine the appropriate sentence for the offence. The key legal issues were the nature and extent of the respondent's involvement in the drug supply operation, his role within the criminal group, and the impact of his actions while on parole. Additionally, the court had to consider the Form 1 matter, which was a previous conviction that could influence the sentencing.

The court examined the evidence presented, including the respondent's role in the drug supply operation and his involvement with the criminal group. It was determined that Zhang played a significant part in the operation, although not the most significant. The court also took into account the fact that the offence was committed while Zhang was on parole, which was an aggravating factor. The court considered the subjective circumstances of the case, including the respondent's background and the potential for rehabilitation, before determining the appropriate sentence.

After considering all the evidence and relevant legal principles, the court found that Zhang was guilty of the offence. The court took the Form 1 matter into account when determining the sentence. The respondent was sentenced to a term of imprisonment for 9 years, comprising of a non-parole period of 6 years and 9 months, and a balance of term of 2 years and 3 months. The sentence was backdated to the date of the respondent's arrest, ensuring that the time already served was taken into account.

The court made an order that the respondent, Zhang, be sentenced to a term of imprisonment for 9 years, with a non-parole period of 6 years and 9 months. The sentence was to commence on 3 July 2022 and expire on 2 October 2024. The court also noted that the sentence would be served consecutively to any other sentence the respondent may be serving.

Orders

Orders of the court

Convicted.

Form 1 matter taken into account on sentence.

The offender is sentenced to a term of imprisonment for 9 years, comprising of a NPP of 6 years and 9 months to commence on 3/10/15 and to expire on 2/7/22, and a balance of term of 2 years and 3 months to commence on 3/7/22 and to expire on 2/10/24.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Zhang, S [2017] NSWDC 455
Hearing dates:	19 June 2017
Decision date:	23 June 2017
Jurisdiction:	Criminal
Before:	King SC DCJ
Decision:	Convicted. Form 1 matter taken into account on sentence. The offender is sentenced to a term of imprisonment for 9 years, comprising of a NPP of 6 years and 9 months to commence on 3/10/15 and to expire on 2/7/22, and a balance of term of 2 years and 3 months to commence on 3/7/22 and to expire on 2/10/24.
Catchwords:	CRIMINAL – sentence - knowingly take part in the supply of a large commercial quantity of a prohibited drug, methylamphetamine – Form 1 matter - knowingly participate in a criminal group directing any of the activity – role of offender - offence committed whilst on parole - subjective matters
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Drug Misuse and Trafficking Act 1985
Cases Cited:	Callaghan v R [2006] NSWCCA 58 R v Fernando [2002] NSWCCA 28 R v Huynh [2003] NSWCCA 239 R v McVeety [2002] NSWCCA 344 R v Moffatt [1990] 20 NSWLR 114
Category:	Sentence
Parties:	Regina Si Ji Zhang
Representation:	Solicitors: Crown: Mr A Poulos; Mr M Dickenson Defence: Mr M Ainsworth
File Number(s):	2015/00144758