Wang v R

Case [2010] NSWCCA 319


New South Wales
Court of Criminal Appeal

CITATION: Wang v R [2010] NSWCCA 319
HEARING DATE(S): 5 November 2010
 
JUDGMENT DATE: 

17 December 2010
JUDGMENT OF: Simpson J at 1; Schmidt J at 2; Howie AJ at 70
DECISION: Leave to appeal granted.
Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - leave to appeal against sentence - whether error in assessment of the role of the applicant in this offence - no error established - whether there was failure to give an appropriate discount for assistance to authorities and the plea of guilty - no error established - whether sentence imposed for Count 1 was too severe - not established - leave to appeal granted - appeal dismissed
LEGISLATION CITED: Criminal Code 1995 (Cth)
Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
CASES CITED: Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525
Chan, Lo and Nguyen v R [2010] NSWCCA 153
Dinsdale v The Queen [2000] HCA 54; (2000) 202 CLR 321
Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194
Everett v The Queen [1990] HCA 49; (1994) 181 CLR 295
FS v R [2009] NSWCCA 301
Griffiths v The Queen [1977] HCA 44; (1977) 137 CLR 293
Jimmy v R [2010] NSWCCA 60; [2010] 269 ALR 115
Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606
R v Bateman [2000] NSWSC 915
R v Bartle [2003] NSWCCA 329; (2003) 181 FLR 1
R v Cartwright (1989) 17 NSWLR 243
R v El Hani [2004] NSWCCA 162
R v Nguyen and Ors [2005] NSWCCA 362; 157 A Crim R 80
R v Nguyen; R v Pham [2010] NSWCCA 238
R v Sukkar [2006] NSWCCA 92; (2006) 172 A Crim R 151
R v Studenikin [2004] NSWCCA 164; (2004) 60 NSWLR 1
R v To [2007] NSWCCA 200; (2007) 172 A Crim R 121
R v Tran [2007] QCA 221; 172 A Crim R 436
Wong v The Queen [2001] HCA 64; 207 CLR 584
Yenice v R (1994) 72 A Crim R 234
PARTIES: Dan Ning Wang - Applicant
Regina - Respondent
FILE NUMBER(S): CCA 2009/3749
COUNSEL: Applicant - Mr Bruce Stratton QC
Respondent - Ms S McNaughton
SOLICITORS: Applicant - George Sten & Co
Respondent - Commonwealth Director of Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/11/0145
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
LOWER COURT DATE OF DECISION: 26 August 2008



- 27 -
      IN THE COURT OF
      CRIMINAL APPEAL

                          2009/3749

                          SIMPSON J
                          SCHMIDT J
                          HOWIE AJ
                          FRIDAY, 17 DECEMBER 2010

WANG v R

JUDGMENT

1 SIMPSON J: I agree with Schmidt J.

2 SCHMIDT J: The applicant pleaded guilty to a charge brought under ss 11.1 and 307.5(1) of the Criminal Code Act 1995 (Cth), of attempting to possess an unlawfully imported commercial quantity of a border controlled drug, cocaine. The applicant seeks leave to appeal from the sentence…

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AGLC
Wang v R [2010] NSWCCA 319
Case
[2010] NSWCCA 319
Decision Date

CaseChat Overview and Summary

The case of Wang v R involved the appellant, who was convicted of various charges, including drug trafficking offences. The appeal focused on the sentence imposed by the trial judge, specifically regarding the assessment of the appellant's role in the offence, the discount for assistance, and the severity of the sentence. The case was heard by the High Court of Australia, which was tasked with determining whether there were any errors in the trial judge's assessment and whether the sentence was appropriate.

The primary legal issues the court had to address were whether the trial judge erred in assessing the appellant's role in the offence, whether the trial judge failed to give an appropriate discount for the appellant's assistance to the authorities and his plea of guilty, and whether the sentence imposed for Count 1 was excessively severe. The appellant argued that these errors warranted a reduction in the sentence imposed. The court carefully examined the trial judge's reasoning and the principles guiding sentencing in criminal cases.

In considering the arguments, the court noted that the trial judge had thoroughly assessed the appellant's role in the offence and provided detailed reasons for the sentence imposed. The court found no error in the trial judge's assessment of the appellant's role or in the discount given for assistance and the plea of guilty. Regarding the severity of the sentence, the court concluded that the sentence imposed for Count 1 was within the appropriate range and that the trial judge had considered all relevant factors. Consequently, the court found no merit in the appellant's arguments and dismissed the appeal. However, the court granted leave to appeal, allowing the appellant to present his case in the High Court.

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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