R v Yuan

Case [2015] NSWCCA 198


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: R (Cth) v Yuan [2015] NSWCCA 198
Hearing dates:17 June 2015
Decision date: 31 July 2015
Before: Hoeben CJ at CL at [1]
Davies J at [68]
Hamill J at [69]
Decision:

(1)   The Crown appeal is allowed.   
(2)   The sentence imposed by the District Court on 21 November 2014 is quashed.
(3)   In lieu thereof, the respondent is sentenced to imprisonment with a non-parole period of 10 years, commencing 20 September 2012 and expiring 19 September 2022, with a balance of term of 5 years, expiring 19 September 2027.

Catchwords: CRIMINAL LAW – sentence – Crown appeal – import commercial quantity of methamphetamine (55 kgs) – sentence of 10 years imprisonment with non-parole period of 6 years – whether sentence manifestly inadequate – early plea of guilty – considerable planning – offender occupied important position – offence committed for financial gain – no previous offences by offender – serious offence – need for general deterrence – important to set sentencing standards for an offence of this kind – sentence manifestly inadequate – need to re-sentence.
Legislation Cited: Criminal Appeal Act 1912 (NSW) – s 5D
Criminal Code (Cth) – s 307.1(1)
Crimes (Appeal and Review) Act 2001
Crimes Act 1914 (Cth) – s 16A(1)
Crimes (Sentencing Procedure) Act 1999 – s 21A(5A)
Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571
Bui v DPP (Cth) [2012] HCA 1; 244 CLR 638
Carroll v The Queen [2009] HCA 13; 83 ALJR 579; 254 CLR 259
Chan, Lo and Nguyen v Regina [2010] NSWCCA 153
CMB v Attorney General (NSW) [2015] HCA 9; 89 ALJR 407
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1
Everett v R [1994] HCA 49; 181 CLR 295
Green v The Queen; Quinn v The Queen [2011] HCA 49; 244 CLR 462
Griffiths v R [1977] HCA 44; 137 CLR 293
Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520
House v R [1936] HCA 40; 55 CLR 499
Phuong Bich Nguyen v R; Phommalysack v R [2011] VSCA 32; 31 VR 673
Postiglione v The Queen [1997] HCA 26;189 CLR 295
R v Barrientos [1999] NSWCCA 1
R v Brown [1999] NSWCCA 323
R v Craig Meyboom [2012] ACTCA 48
R v DH; R v AH [2014] NSWCCA 326
R v Dinh [2010] NSWCCA 74; 199 A Crim R 573
R v JW [2010] NSWCCA 49; 77 NSWLR 7
R v Lee [2007] NSWCCA 234
R v Leroy (1984) 2 NSWLR 441
R v Nguyen; R v Pham [2010] NSWCCA 238; 205 A Crim R 106
R v Olbrich [1999] HCA 54; 199 CLR 270
R v PGM [2008] NSWCCA 172; 187 A Crim R 152
R v Tam [2013] WASCSR 226
R v Tuala [2015] NSWCCA 8

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R v Yuan [2015] NSWCCA 198
Case
[2015] NSWCCA 198
Decision Date

CaseChat Overview and Summary

The respondent, Yuan, was found guilty of importing a commercial quantity of methamphetamine into Australia. The Crown appealed against the sentence of 10 years imprisonment with a non-parole period of 6 years, arguing that the sentence was manifestly inadequate. The appeal was heard by the Court of Appeal, which was required to determine whether the sentence was manifestly inadequate.

The court examined the circumstances of the offence and the relevant sentencing principles. It found that the quantity of drugs involved was significant, the offence involved considerable planning, and the respondent occupied an important position. Additionally, the offence was committed for financial gain, and the respondent had no previous convictions. The court also considered the need for general deterrence and the importance of setting sentencing standards for this kind of offence.

The court concluded that the sentence was manifestly inadequate and ordered a re-sentencing hearing. The court found that the appropriate sentence should reflect the seriousness of the offence and the need for general deterrence, as well as the respondent's early plea of guilty and lack of previous convictions. The court emphasised the importance of setting sentencing standards for this kind of offence and the need to ensure that sentences reflect the gravity of the offence and the offender's role in it. The court did not specify the new sentence that should be imposed.

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

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