Regina v James Gey-Houn Ra [2002] NSWCCA 251

Regina v James Gey-Houn Ra [2002] NSWCCA 251

The sentencing judge made no error in treating the applicant as more than a mere courier and as a major participant whose actions were pivotal to the importation, recovery and control of a very large quantity of heroin. The 10 per cent discount for a late guilty plea was appropriate because the plea was entered shortly before trial, in the face of a very strong Crown case, and without contrition or assistance to law enforcement. Having regard to the quantity of heroin, careful pre-planning, concealment, use of a pseudonym and intermediaries, and the maximum penalty of life imprisonment, the sentence was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
13 June 2002
Procedural Posture
Sentence Appeal / Application for Leave to Appeal Against Sentence to the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['importation of Heroin' 'commercial Quantity' 'plea of Guilty Discount' 'courier and Principal Distinction' 'manifest Excess']
['criminal Law' 'sentencing' 'drug Importation'] ['importation of Heroin' 'commercial Quantity' 'plea of Guilty Discount' 'courier and Principal Distinction' 'manifest Excess']

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Procedural Posture

Sentence Appeal / Application for Leave to Appeal Against Sentence to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of fifteen years imprisonment with a non-parole period of ten years was manifestly excessive.' 'Whether the sentencing judge erred in finding that the applicant did not fit the profile of offender dealt with in R v Wong and Leung (1998) 48 NSWLR 340.' 'Whether the applicant should have been dealt with on a basis analogous to that of a courier.' "Whether inadequate significance was given to the utilitarian benefit derived from the applicant's plea of guilty."]

Ratio Decidendi

The sentencing judge made no error in treating the applicant as more than a mere courier and as a major participant whose actions were pivotal to the importation, recovery and control of a very large quantity of heroin. The 10 per cent discount for a late guilty plea was appropriate because the plea was entered shortly before trial, in the face of a very strong Crown case, and without contrition or assistance to law enforcement. Having regard to the quantity of heroin, careful pre-planning, concealment, use of a pseudonym and intermediaries, and the maximum penalty of life imprisonment, the sentence was not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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