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Hong v The Queen [2020] NSWCCA 225

appeal against sentence — attempting to possess commercial quantity of unlawfully imported border controlled drug — original sentence imposed 15 years’ imprisonment with 10 year non-parole period — offence related to nearly 25 kilograms of pure heroin — guilty plea — s 16A(2)(g) — sentencing judge gave 25% discount for facilitating administration of justice — nothing was said about utilitarian discount for plea of guilty — Xiao v R was decided 6 years later — nature and circumstances — s 16A(2)(a) — offender’s role fell between principal and courier — offender and co-offender were critical participants in actual importation of drugs but also in early stages of intended distribution — offender had been entrusted with responsibility of managing consignment of very large amount of heroin — offender was more senior of two offenders and of greater importance in drug operation — offender possessed important documents on arrival and communicated with Malaysia and Myanmar — rehabilitation — s 16A(2)(n) — offender has undertaken courses while in custody and been employed as a clerk — in December 2018 offender was found in possession of USB containing sensitive material linked to his work and violent pornography while imprisoned — USB of limited relevance in re-sentencing exercise — leave to appeal granted — appeal allowed — sentence quashed — offender sentenced to 14 years’ imprisonment with 9 year non-parole period
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