Site Logo

Heng v The Queen [2019] NSWCCA 317

appeal against sentence — importing a commercial quantity of a border controlled drug offence contrary to s 307.1(1) of Commonwealth Criminal Code — offence relates to 73.8kg of pure methylamphetamine — additional aiding and abetting the manufacture of a commercial quantity of a border controlled drug offence contrary to ss 11.2(1) and 305.3(1) of Commonwealth Criminal Code taken into account pursuant to s 16BA — original sentence imposed 23 years’ and 9 months imprisonment with a 15 year and 9 month non-parole period — manifest excess guilty plea— s 16A(2)(g) — sentencing judge not obliged to state quantum of guilty plea discount and absence of judge doing so did not constitute error — offender submitted fact offence committed whilst on conditional liberty relating to earlier drug offence should have had less impact on setting of sentence than might otherwise be the case because result of further offending was that offender served a year of earlier sentence in custody when they would otherwise have been on parole — this does not mean commission of subject offence whilst on parole not aggravating feature — matters that supported substantial sentence imposed included significant weight of drug and considerably significant wholesale and street value, offender’s knowledge of large quantity of drugs involved, directing of and crucial role in criminal enterprise, profit motive, involvement in significant planning and organisation of enterprise and offender’s subjective circumstances did not provide significant assistance to offender — neither review of sentence imposed in other cases nor any other matter indicates manifest excess — application of extension of time granted — leave to appeal against sentence granted — appeal against sentence 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.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions