Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Wong [2018] NSWCCA 20 Hearing dates: 7 February 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Before: Beazley P at [1]
Garling J at [2]
Hidden AJ at [98]Decision: (1) Appeal upheld.
(2) Quash the sentence imposed by Delaney A‑DCJ on 11 September 2017.
(3) In lieu, impose upon the respondent an aggregate sentence of 4 years non-parole with a balance of term of 2 years commencing from 8 August 2016. The total sentence to expire on 7 August 2022 with a non-parole period expiring on 7 August 2020.Catchwords: CRIME – Crown appeal against sentence – supply prohibited drug – ongoing supply prohibited drug – Drug Misuse and Trafficking Act 1985 ss 25(1) and 25A – knowingly direct criminal activities of a criminal group – Crimes Act 1900 s 93T(4A) – whether aggregate sentence manifestly inadequate – whether sentencing Judge erred in failing to give adequate weight to general deterrence – whether sentence reflected additional criminality of offence on Form 1 – whether sentencing Judge erred in failing to appropriately accumulate multiple offences – whether sentencing Judge erred in extent of statutory variation of head sentence to non-parole period ratio – appeal allowed Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Drug Misuse and Trafficking Act 1985Cases Cited: Brown v R [2010] NSWCCA 73
Bugmy v The Queen [2013] HCA; (2013) 249 CLR 571
Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462
Griffiths v The Queen [1977] HCA 44; (1977) 137 CLR 293
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Nguyen v The Queen [2016] HCA 17; (2016) 256 CLR 656
Parente v R [2017] NSWCCA 284
PD v R [2012] NSWCCA 242
R v AB [2017] NSWCCA
R v Brown [2012] NSWCCA 199
R v Burns [2007] NSWCCA 228
R v Cahill [2015] NSWCCA 53
R v GWM [2012] NSWCCA 240
R v Pickett [2010] NSWCCA 273
R v Rae [2013] NSWCCA 9
R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704; 126 A Crim R 525
Way v R [2004] NSWCCA 131; (2004) 60 NSWLR 168Texts Cited: Not Applicable Category: Principal judgment Parties: Crown
Kevin Yeh Wong (Respondent)Representation: Counsel:
Solicitors:
N Adams (Crown)
H Dhanji SC (Respondent)
Solicitor for Public Prosecutions (Crown)
Benjamin & Leonardo Solicitors (Respondent)
File Number(s): 2016/238753 Publication restriction: Not Applicable Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 11 September 2017
- Before:
- Delaney A-DCJ
- File Number(s):
- 2016/238735
Judgment
-
BEAZLEY P: I agree with Garling J’s reasons and his Honour’s proposed orders.
-
GARLING J: This is a Crown appeal pursuant to s 5D(1) of the Criminal Appeal Act 1912 against an aggregate sentence imposed in the District Court by Acting Judge Delaney on 11…
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- AGLC
- R v Wong [2018] NSWCCA 20
- Case
- [2018] NSWCCA 20
- Decision Date
CaseChat Overview and Summary
The court concluded that the sentencing judge had indeed erred in several respects. The court found that the sentence imposed did not adequately reflect the need for general deterrence, particularly given the severity of the crimes committed. The court also determined that the sentencing judge had not given sufficient weight to the additional criminality of the offence as outlined in the Form 1. Furthermore, the court found that the sentencing judge had not appropriately accumulated the multiple offences, resulting in a sentence that did not fully reflect the totality of the respondent's criminal conduct. Finally, the court held that the extent of the statutory variation of the head sentence to the non-parole period ratio was not justified in light of the errors identified.
Consequently, the Court of Criminal Appeal allowed the appeal, quashed the original sentence, and remitted the matter to the lower court for resentencing. The court emphasised the importance of ensuring that sentences for serious drug-related offences adequately reflect the need for general deterrence, the totality of the offender's criminal conduct, and the appropriate accumulation of multiple offences. The court did not specify the exact nature of the new sentence but directed that the resentencing should address the identified errors.
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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