Tan v The Queen

[2004] HCATrans 312

[2004] HCATrans 312

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P3 of 2004

B e t w e e n -

KIM TJENG TAN

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 AUGUST 2004, AT 4.28 PM

Copyright in the High Court of Australia

McHUGH J:   This application for special leave to appeal is to be dealt with on the papers.  Neither party asked to make oral submissions. 

The applicant seeks special leave to appeal from the judgment of the Court of Criminal Appeal of Western Australia dismissing the applicant’s challenge to the sentence imposed on the applicant by the trial judge, Justice Miller, following the conviction of the applicant at trial.

The applicant was convicted of eight counts on an indictment charging him with importing a number of prohibited drugs weighing in all 11 kilograms.  The sentencing judge sentenced the applicant to a total term of imprisonment of 20 years with a non-parole period fixed at 10 years.  The sentence is a high one, but the offences were substantial and the applicant was the mastermind who initiated the involvement of other offenders in a brazen series of serious offences.

No arguable point of specific error of sentencing principle has been shown.  This case is not a suitable vehicle to consider the point preserved by me in Cameron v The Queen (2002) 209 CLR 339 at 353, 354.

We are not convinced that a miscarriage of justice has occurred in the sentence. 

Accordingly, special leave to appeal is refused.

The Court will now adjourn to 10.15 am in Canberra on Tuesday, 31 August.

AT 4.30 PM THE MATTER WAS CONCLUDED