Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Lee v R [2019] NSWCCA 15 Hearing dates: 19 November 2018 Date of orders: 08 February 2019 Decision date: 08 February 2019 Before: Hoeben CJ at CL at [1];
Rothman J at [2];
Price J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.Catchwords: CRIMINAL LAW – sentence appeal – possession of equipment to commit forgery – dealing in identification information with intention of facilitating fraud – participation in a criminal group – whether financial gain is an inherent characteristic of an offence of dealing with identification information contrary to s 192J Crimes Act – whether error in judge’s finding that financial gain was an aggravating factor – whether aggregate sentence was manifestly excessive – highly exceptional hardship to applicant’s son – whether less weight to be given to general deterrence – significance of general deterrence for identity crimes – sentence not manifestly excessive – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 93T, 192J, 265
Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A
Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 25ACases Cited: Chen v R; He v R [2018] NSWCCA 95
Clinton v R [2018] NSWCCA 66
Couloumbis v R [2012] NSWCCA 264
Dinsdale v The Queen (2000) 200 CLR 321; [2000] HCA 54
Dipangkear v R [2010] NSWCCA 156
House v R (1936) 55 CLR 499; [1935] HCA 40
Huang v R [2017] NSWCCA 312
Hurmz v R [2017] NSWCCA 235
Lin v R [2018] NSWCCA 13
Mansour v R [2011] NSWCCA 28; (2011) 209 A Crim R 275
Postiglione v R (1997) 189 CLR 295; [1997] HCA 26
Prculovski v R [2010] NSWCCA 274
R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218
Stevens v R [2009] NSWCCA 260; (2010) 262 ALR 91
Wat v R [2017] NSWCCA 62Category: Principal judgment Parties: Michael Lee (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
A Parsons (Applicant)
B Baker (Respondent)
Ren Zhou Lawyers (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2015/370863 Publication restriction: Non-publication order as to the name of the Applicant’s son Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Citation:
- [2018] NSWDC 201
- Date of Decision:
- 28 June 2018
- Before:
- Scotting DCJ
- File Number(s):
- 2015/370863
Judgment
-
HOEBEN CJ at CL: I agree with Price J and the orders which he proposes.
-
ROTHMAN J: I agree with Price J.
-
PRICE J: Michael Lee (“the applicant”) was sentenced in the District Court at Sydney on 28 June 2018 after pleading guilty to the following four counts on an indictment:
“1 [O]n the 17th day of December 2015, at Campsie in the State of New South Wales, did possess an Embossing machine, Fargo card printer, Fargo HDP colour ribbon, blank cards, blank cards with black magnetic strip, blank cards with blue magnetic strip, laminator, computer hardware and clear film designed/adapted for making a false document, knowing…
Continue reading Lee v R
Sign in free to access the full text
- AGLC
- Lee v R [2019] NSWCCA 15
- Case
- [2019] NSWCCA 15
- Decision Date
CaseChat Overview and Summary
The court found that financial gain was not an inherent characteristic of the offence under section 192J but acknowledged that it could be an aggravating factor. It held that the judge did not err in considering financial gain as such but did not sufficiently explain why it was an aggravating factor in this case. The court held that the sentence was not manifestly excessive and that general deterrence remained a significant consideration in sentencing for identity crimes. Although the appellant's son faced exceptional hardship, this did not warrant reducing the weight given to general deterrence. The court emphasised that the sentence reflected the seriousness of the offences and the need to deter similar conduct in the future.
The appeal was dismissed, and the original sentence upheld. The court's decision underscored the importance of deterrence in cases involving identity crimes and highlighted the limited circumstances in which a sentence might be deemed manifestly excessive.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.