JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: TANG -v- THE QUEEN [2020] WASCA 194
CORAM: BUSS P
MAZZA JA
MITCHELL JA
HEARD: 21 JULY 2020
DELIVERED : 24 NOVEMBER 2020
FILE NO/S: CACR 141 of 2018
BETWEEN: CHEE SENG TANG
Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram: FIANNACA J
Citation: R -v- LAW & ORS [2018] WASCSR 123
File Number : INS 62 of 2017
Catchwords:
Criminal law - Sentencing - Appeal against a sentence of 23 years' imprisonment with a non-parole period of 15 years for importing 145.6 kg (pure weight) of methamphetamine - Whether sentencing judge erred in assessment of comparative criminality of the appellant and his co-offenders - Whether sentence infringed the parity principle - Whether sentence was manifestly excessive
Legislation:
Criminal Code (Cth), s 307.1
Result:
Leave to appeal granted
Appeal dismissed
Category: D
Representation:
Counsel:
| Appellant | : | A Robson |
| Respondent | : | D Renton and J Johnston |
Solicitors:
| Appellant | : | Legal Aid Commission |
| Respondent | : | Director of Public Prosecutions (Cth) |
Case(s) referred to in decision(s):
Barbaro v The Queen [2012] VSCA 288; (2012) 226 A Crim R 354
Barbaro v The Queen [2014] HCA 2; (2014) 253 CLR 58
Bembo v The Queen [2019] VSCA 308
Chong v The Queen [2020] WASCA 143
Director of Public Prosecutions (Cth) v Aisbett [2009] VSCA 172
Director of Public Prosecutions (Cth) v Brown [2017] VSCA 162; (2017) 268 A Crim R 309
Director of Public Prosecutions (Cth) v Wang [2019] VSCA 250; (2019) 279 A Crim R 491
Heng v The Queen [2019] NSWCCA 317
Higgs v The Queen [2015] VSCA 223
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
Jackson v The Queen [2020] NSWCCA 230
Karam v The Queen [2015] VSCA 50
Kuo v The Queen [2018] NSWCCA 270
Luo v The Queen [2020] WASCA 184
Ngo v The Queen [2017] WASCA 3
Parker v The Queen [2020] NSWCCA 206
R v Campillo-Vaquere [2004] NSWCA 271
R v Flavel [2001] NSWCCA 227
R v Gonzales-Betes [2001] NSWCCA 226
R v Le [2019] QCA 200
R v Ng [2012] WASCA 180
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Reaves [2004] WASCA 106; (2004) 147 A Crim R 26
R v Scott [2017] SASCFC 96
R v Suarez-Mejia [2002] WASCA 187; (2002) 131 A Crim R 577
Samardali v The Queen [2018] WASCA 220
Sevilla v The Queen [2007] WASCA 116
Shakhanov v The Queen [2019] VSCA 38
Sukkar v The Queen (No 2) [2008] WASCA 2; (2008) 178 A Crim R 433
Sukkar v The Queen [2007] WASCA 166
Vanit v The Queen (1997) 190 CLR 78
JUDGMENT OF THE COURT:
Summary
On 14 December 2017, the appellant was convicted after…
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- AGLC
- Tang v The Queen [2020] WASCA 194
- Case
- [2020] WASCA 194
- Decision Date
CaseChat Overview and Summary
The court held that the sentencing judge did not err in assessing the relative criminality of Tang and his co-offenders. The judge correctly considered the different roles played by Tang and his co-offenders, as well as the degree of Tang's involvement in the offence. The court also held that the sentence did not infringe the parity principle, as the judge had properly considered the circumstances of the case and the need to deter and punish Tang for his serious crime. Finally, the court held that the sentence was not manifestly excessive, as it was within the range of sentences that could be considered appropriate for an offence of this nature.
The High Court of Australia dismissed Tang's appeal against sentence, affirming the 23 years' imprisonment with a non-parole period of 15 years. The court found that the sentencing judge had correctly assessed the comparative criminality of Tang and his co-offenders, that the sentence did not infringe the parity principle, and that the sentence was not manifestly excessive.
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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