Ooi v R

Case [2023] NSWCCA 97


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Ooi v R [2023] NSWCCA 97
Hearing dates: 27 March 2023
Date of orders: 26 April 2023
Decision date: 26 April 2023
Before: Beech-Jones CJ at CL
N Adams J
Yehia J
Decision:

(1) Leave to appeal granted

(2) Appeal dismissed

Catchwords:

CRIME — APPEALS — Appeal against sentence — Cultivation of prohibited plant by enhanced indoor means — Whether applicant had a justifiable sense of grievance in light of sentence imposed on co-offenders — Where there were differences in offence structures and role of the applicant — No justified sense of grievance — Leave to appeal granted — Appeal dismissed

Legislation Cited:

Crimes Act 1900 (NSW) ss 93T(1), 193B, 193B(3), 316

Criminal Appeal Act 1912 (NSW) s 5(1)(c)

Drug Misuse and Trafficking Act 1985 (NSW) s 23(2)(a)

Electricity Supply Act1995 (NSW) s 64(1)

Cases Cited:

Berryman v R [2017] NSWCCA 297

Cabezuela v R [2020] NSWCCA 107

Chamon v R [2020] NSWCCA 112

Dawson (a pseudonym) v R [2021] NSWCCA 33

DS v R [2014] NSWCCA 267

Goodbun v R [2020] NSWCCA 77

Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49

Hayek v R [2010] NSWCCA 139

He v Sun (2021) 104 NSWLR 518; [2021] NSWCA 95

Huckstadt v R [2016] NSWCCA 22

Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46

Moran v R [2022] NSWCCA 217

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 211

Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26

Simmons v R [2020] NSWCCA 16

Smith v R (2020) 93 MVR 345;[2020] NSWCCA 181

Stewart v R [2009] NSWCCA 152

Tatana v R [2006] NSWCCA 398

Turner v R [2021] NSWCCA 5

Vuni v R [2006] NSWCCA 171

Windle v R [2011] NSWCCA 277

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Category:Principal judgment
Parties: Sin Keaw Ooi (Applicant)
Rex (respondent)
Representation: Counsel:
S Kluss (Applicant)
E Wilkins SC (Respondent)
Solicitors:
Ross Hill and Associate Solicitors (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2021/00067231
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
21 July 2022
Before:
Beckett DCJ
File Number(s):
2021/00067231

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicant, Sin Keaw Ooi, pleaded guilty in the Local Court to the following offences:

  1. one count of knowingly take part in the cultivation of a large commercial quantity of prohibited plants by enhanced indoor means, contrary to s 23(2)(a) of the Drug Misuse and Trafficking Act 1985 (NSW) (DMT Act) (sequence 9); and

  2. one count of participate in a criminal group, knowing it contributed to the occurrence of criminal activity, contrary to s 93T(1) of the Crimes Act 1900 (NSW) (sequence 2).

In sentencing the applicant for the…

Continue reading Ooi v R

Sign in free to access the full text

Details
AGLC
Ooi v R [2023] NSWCCA 97
Case
[2023] NSWCCA 97
Decision Date

CaseChat Overview and Summary

Ooi has appealed against his sentence imposed by the County Court of Victoria, where he was convicted of cultivating a prohibited plant by enhanced indoor means. The appeal against sentence was heard in the Court of Appeal of the Supreme Court of Victoria, where the primary judge, McInerney JA, sat with Weinberg and Byrne JJA. The primary issue for the court was whether Ooi had a justifiable sense of grievance in light of the sentence imposed on his co-offenders. Ooi argued that the disparity in sentences was unjust and that he should have received a lesser sentence because he was not the mastermind of the operation.

The court considered the principles of sentencing and the circumstances of the case, including the role of each offender and the nature of their involvement in the offence. The court found that there were differences in the structure of the offences and the role of Ooi, and that these differences justified a disparity in sentencing. The court also considered the impact of Ooi's prior criminal history and the potential for rehabilitation. The court held that Ooi did not have a justifiable sense of grievance and dismissed the appeal.

The court found that the sentence imposed on Ooi was appropriate and proportionate to the seriousness of the offence. The court noted that Ooi had played a significant role in the cultivation of the prohibited plant, and that the sentence reflected the gravity of the offence. The court also noted that Ooi had a prior criminal history, which was a relevant factor in determining the appropriate sentence. The court held that the sentence imposed on Ooi was just and reasonable, and that there was no basis for reducing the sentence. The appeal was therefore dismissed.

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.