IN THE COURT OF APPEAL [1999] QCA 414 SUPREME COURT OF QUEENSLAND CA No 239 of 1999
Brisbane
[R v Dang]
THE QUEEN
v
HOA DANG
(Applicant)
Davies JA Ambrose J Cullinane J
Judgment delivered 1 October 1999
Joint reasons for judgment of Davies JA and Cullinane J; separate reasons of Ambrose J concurring as to the orders made.
SET ASIDE SENTENCES ON EACH OF COUNTS 3, 4, 5, 6, 7, 8, 10 AND 11 BUT OTHERWISE REFUSE THE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE.
CATCHWORDS: CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - CIRCUMSTANCES OF OFFENCE
Applicant convicted of trafficking in heroin and other drug- related offences - whether sentencing judge declared time spent in custody to be imprisonment already served under the sentence - whether sentence without any parole recommendation was excessive - distinction between addicted and non-addicted drug dealers - effect on sentence of efforts to rehabilitate - prior criminal history - whether separate sentences should be imposed for the counts of supply which constituted the trafficking.
Penalties and Sentences Act 1992, s 161(1)
Clarke (CA No 393 of 1996, 29 November 1996), distinguished Nguyen (CA No 501 of 1995, 22 February 1996), distinguished R v Elhusseini [1988] 2 QdR 442, applied
R v Kiripatea [1991] 2 QdR 686, applied
Van Cam Lam (CA No 166 of 1999, 30 July 1999); [1999]
QCA 299, followed
Woods (CA No 381 of 1994, 2 December 1994), applied
Counsel: Mr A Boe (not of counsel) for the applicant
Mr A Collins for the respondentSolicitors: Boe & Callaghan for the applicant
Director of Public Prosecutions (Queensland) for the respondentHearing Date: 8 September 1999
DAVIES JA AND CULLINANE J: The applicant was convicted on his own plea of guilty on 23 June last and on the same day sentenced to an effective term of nine years imprisonment on 12 counts all involving the drug heroin. On count 1, which was the offence of trafficking in heroin he was sentenced to nine years imprisonment; on count 2, unlawful possession of that drug with a circumstance of aggravation he was sentenced to four years imprisonment; on counts 3, 4, 5, 6, 7, 8, 10 and 11 which were offences of unlawful supply he was also sentenced to four years imprisonment; on count 9 which was one of unlawful possession he was sentenced to three years imprisonment; and on count 12, an offence of possession of a motor vehicle and a mobile phone for use in connection with the commission of a crime defined in Part 2 of the Drugs Misuse Act, he was sentenced to one years imprisonment. All of these terms were to be served concurrently.
The applicant had spent 222 days in custody in relation to proceedings for these offences and for no other reason. The appeal was argued on both sides on the assumption that the learned sentencing judge ordered that that period not…
Continue reading R v Dang
Sign in free to access the full text
- AGLC
- R v Dang [1999] QCA 414
- Case
- [1999] QCA 414
- Decision Date
CaseChat Overview and Summary
The court found that the sentence imposed, although high, was not so excessive as to require the intervention of the court. The court set aside the sentences on counts 3, 4, 5, 6, 7, 8, 10 and 11, as they were part of the trafficking offence, and otherwise refused the application for leave to appeal against the sentence.
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.