Site Logo

Cheng v R [2020] NSWCCA 252

appeal against sentence — 1 count of importing commercial quantity of methylamphetamine contrary to s 307.1(1) Commonwealth Criminal Code — 1 count of dealing with proceeds of crime believing it to be proceeds of crime contrary to s 400.6(1) Commonwealth Criminal Code — additional state offences — offence relates to 72517.1g pure methylamphetamine — original sentence imposed 20 years’ imprisonment with 14 year non-parole period — nature and circumstances — s 16A(2)(a) — quantity of drugs involved necessitated finding of significant objective seriousness — offender was aware of nature and extent of operation including identity of drug method of concealment and means of importation — cumulative and concurrent sentences — it cannot be said that any error is disclosed in sentencing judge’s finding that criminality on State offences warranted significant period of additional imprisonment to importation offence — criminality on each count was distinct albeit part of same criminal enterprise and no specific error identified — non-parole period — in circumstances where extent of variation is matter for sentencing judge there is no requirement to vary statutory ration even if special circumstances are found — offender was convicted of serious offences carrying life sentence — leave to appeal against sentence granted — appeal dismissed
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2024 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions