Regina v Chi Wah Ho [1999] NSWCCA 67

Regina v Chi Wah Ho [1999] NSWCCA 67

The sentencing judge's findings and sentencing approach were open on the evidence, including the finding that the appellant's role was more than that of a mere courier and that the offence was committed for gain. The matters raised did not disclose sentencing error. Given the approximately 17 kg of pure heroin involved, about eleven times the bottom of the commercial range, and the maximum penalty of life imprisonment, the sentence of fourteen years with a non-parole period of nine years was within the available range and altogether appropriate.

Jurisdiction
Australia
Judgment Date
09 April 1999
Procedural Posture
Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['sentencing' 'possession of Commercial Quantity of Heroin' 'customs Act Drug Offence' 'manifest Excess' 'general Deterrence' 'guilty Plea Discount']
['criminal Law'] ['sentencing' 'possession of Commercial Quantity of Heroin' 'customs Act Drug Offence' 'manifest Excess' 'general Deterrence' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in sentencing the appellant on the basis that he was somewhere between a courier and a warehouser.' "Whether the sentencing judge erred in attaching significance to the appellant's female companion having been his accomplice on prior drug charges in Hong Kong." "Whether the sentencing judge placed insufficient weight on the appellant's plea of guilty." 'Whether the sentencing judge erred in finding that the offence was committed for greed.' 'Whether the sentencing judge erred in saying that the appellant came to Australia to prey upon its citizens by being involved in the distribution and sale of heroin.' "Whether the sentence of fourteen years' imprisonment with a non-parole period of nine years was manifestly excessive or wrong in principle."]

Ratio Decidendi

The sentencing judge's findings and sentencing approach were open on the evidence, including the finding that the appellant's role was more than that of a mere courier and that the offence was committed for gain. The matters raised did not disclose sentencing error. Given the approximately 17 kg of pure heroin involved, about eleven times the bottom of the commercial range, and the maximum penalty of life imprisonment, the sentence of fourteen years with a non-parole period of nine years was within the available range and altogether appropriate.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']