Cheung v The Queen

Criminal law – Sentencing - Principles and practice - Division of functions between judge and jury - Suggested alternative factual bases for verdict and sentence - Appellant convicted of being knowingly concerned in the importation of a commercial quantity of heroin - Duty of sentencing judge to determine extent of appellant's culpability consistently with verdict of jury - Whether sentencing judge obliged to fix sentence on view of evidence most favourable to appellant - Relevance of manner in which charges framed in indictment - Relevance of right to trial by jury contained in s 80 of the Constitution.

Constitutional law (Cth) – Jury trial of indictable federal offence - Determination of factual basis for jury verdict of guilty - Whether s 80 of the Constitution relevant to the framing of charges in the indictment where alternative factual bases for the verdict exist - Whether right to trial by jury relevant to resolution of applicable basis of verdict for the purpose of sentencing the prisoner.

Constitution – s 80.

Customs Act 1901 (Cth) – s 233B.