Reported Decision: 200 A Crim R 419
New South Wales
Court of Criminal Appeal
CITATION: R v Huang [2010] NSWCCA 68
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 5 February 2010
JUDGMENT DATE:
21 April 2010JUDGMENT OF: Grove J at 1; Simpson J at 9; RA Hulme J at 84 DECISION: Crown appeal dismissed CATCHWORDS: CRIMINAL LAW – particular offences – property offences – conspiracy to cheat and defraud – CRIMINAL LAW – appeal against sentence – appeal by Crown – approach to Crown appeals of sentences to be served other than by full-time custody – sentence manifestly inadequate by reason of suspension – delay in sentencing – rehabilitation of respondent – application of s 68A of the Crimes (Appeal and Review) Act 2001 as explained in R v JW [2010] NSWCCA 49 – discretion not to intervene exercised – approach to reduction of sentence for utilitarian value – Crown appeal dismissed LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999
Crimes (Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999CATEGORY: Principal judgment CASES CITED: Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Douar v R [2005] NSWCCA 455; (2005) 159 A Crim R 154
R v JW [2010] NSWCCA 49
R v Thai [2009] NSWCCA 314
R v Thomson & Houlton [2000] NSWCCA 309, 49 NSWLR 383
R v Wegener [1999] NSWCCA 405
R v Zamagias [2002] NSWCCA 17
Reed v R [2007] NSWCCA 4
Stevens v R [2009] NSWCCA 260PARTIES: Regina (Applicant)
Jun Yu Huang (Respondent)FILE NUMBER(S): CCA 2008/12350 COUNSEL: P Leask (Applicant)
G Turnbull SC (Respondent)SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) (Applicant)
Justin Lewis & Co (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2008/12350 LOWER COURT JUDICIAL OFFICER: North DCJ LOWER COURT DATE OF DECISION: 14 August 2009
2008/12350
21 April 2010GROVE J
SIMPSON J
R A HULME J
1 GROVE J: I have had the advantage of reading, in draft form, the respective judgments of Simpson J and RA Hulme J. As, like the latter, I agree with the order proposed by Simpson J I will limit the matters to which I advert or upon which I comment.
2 It is not necessary to repeat the facts and circumstances, the statements of which I gratefully adopt from the judgment of Simpson J. However, even giving generous weight to factors favourable to the respondent, I would consider the combination of the objective gravity of the indicted offence, the need to reflect the criminality in the offences scheduled in the Form 1 and the subjective matters unfavourable to the respondent including his prior criminal record, generally and for offences of a like nature, his failure to respond appropriately to significant leniency previously received and the currency of a bond to be of good behaviour, leads to an assessment of the sentence as…
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- AGLC
- R v Huang [2010] NSWCCA 68
- Case
- [2010] NSWCCA 68
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were the appropriate approach to sentencing in Crown appeals, particularly where the sentence involves a period of time to be served other than by full-time custody. The court had to consider whether the sentence was manifestly inadequate by reason of its suspension, the delay in sentencing, and the respondent's rehabilitation. Additionally, the court needed to determine the application of section 68A of the Crimes (Appeal and Review) Act 2001, as explained in R v JW, in the context of a Crown appeal against sentence.
The court held that the discretion not to intervene in the sentence was properly exercised, given Huang's demonstrated rehabilitation and the other mitigating factors. The court considered the principles outlined in R v JW, which emphasised the importance of the utilitarian value of the sentence in determining its adequacy. The court found that the sentence, while suspended, still served a deterrent and rehabilitative purpose. Given these factors, the Crown's appeal was dismissed, and the original sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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