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Cherdchoochatri v R [2013] NSWCCA 118 (20 May 2013)

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http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/118.html

CRIMINAL LAW – appeal – sentencing – severity – plea of guilty – import marketable quantity of border controlled drug (heroin) – whether applicant was denied procedural fairness in that the sentencing judge failed to warn that he did not accept the uncontested evidence of duress – whether sentencing judge erred in failing to find that the applicant had acted under duress when he committed the offence for which he stood for sentence – Ground 1 made out – appeal allowed – matter remitted for further hearing in District Court


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