Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Wong v R [2018] NSWCCA 263 Hearing dates: 10 October 2018 Decision date: 23 November 2018 Before: Leeming JA at [1]
Walton J at [2]
Wilson J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal is dismissed.Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – import commercial quantity of border controlled drug – methamphetamine – whether the sentencing judge considered the plea of guilty in mitigation – whether the sentencing judge erred in dealing with the criminality involved in the s 16BA matter – whether the sentencing judge erred in finding the sentence was aggravated by being committed without regard for public safety – organised criminal activity – whether the sentencing judge erred in placing too much emphasis on the offence being committed for financial gain - whether the sentencing judge erred in failing to take into account the character, age and antecedents of the applicant – whether the sentencing judge failed to make a finding regarding rehabilitation – whether the sentence imposed is manifestly excessive Legislation Cited: Crimes Act 1914 (Cth)
Criminal Appeal Act 1912 (NSW)
Criminal Code (Cth)
Crimes (Sentencing Procedure) Act 1999 (NSW)Cases Cited: Abbas, Bodiotis, Taleb and Amoun v R [2013] NSWCCA 115
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 137 A Crim R 180; [2002] NSWCCA 518
DBW v R [2007] NSWCCA 236
Devine v R [2009] NSWCCA 261
DPP (Cth) v Gow (2015) NSWCCA 208; 298 FLR 397
Hughes v R [2018] NSWCCA 2
Iyoha v R [2011] WASCA 46
Kassis v R [2013] NSWCCA 298
Landner v R [2014] NSWCCA 198
Lim v The Queen [2017] VSCA 246
R v Barton (2001) 121 A Crim R 185; [2001] NSWCCA 63
R v Calis [2013] QCA 165
R v Dennison [2011] NSWCCA 114
R v Lawrence [2005] NSWCCA 91
R v Morgan (1993) 70 A Crim R 368
R v Onyebuchi [2016] QCA 143
R v Schumacher [2005] NSWCCA 335
R v Vougdis (1989) 41 A Crim R 125
Van Can Ha v R [2008] NSWCCA 141Category: Principal judgment Parties: Ka Yi Elizabeth Wong
ReginaRepresentation: Counsel:
Solicitors:
Mr M. C. Ramage QC - Applicant
Ms G. Wright – Respondent
Mr P. Green – Applicant
Commonwealth Solicitor for Public Prosecutions
File Number(s): 2016/268538 Publication restriction: None Decision under appeal
- Court or tribunal:
- Sydney District Court
- Jurisdiction:
- Crime
- Date of Decision:
- 25 January 2018
- Before:
- Haesler SC DCJ
- File Number(s):
- 2016/268538
Judgment
-
LEEMING JA: I agree with Wilson J.
-
WALTON J: I agree with Wilson J.
-
WILSON J: On 25 January 2018 the applicant, Ka Yi Elizabeth Wong, was sentenced for an offence of importing a commercial quantity of a border controlled drug, namely methamphetamine, in a pure quantity of 787 grams. The offence, to which she had entered a plea of guilty in the Local Court, is contrary…
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- AGLC
- Wong v The Queen [2018] NSWCCA 263
- Case
- [2018] NSWCCA 263
- Decision Date
CaseChat Overview and Summary
The court considered the arguments presented by the appellant's counsel and examined the sentencing principles relevant to the case. It was determined that the sentencing judge did not adequately consider the appellant's plea of guilty in mitigation, and there were some errors in the judge's assessment of the criminality involved in the matter. The court found that the sentencing judge erred in finding that the sentence was aggravated by being committed without regard for public safety, and that the judge placed too much emphasis on the offence being committed for financial gain. Additionally, the court found that the sentencing judge failed to take into account the appellant's character, age, and antecedents, and did not make a finding regarding rehabilitation. However, the court concluded that the sentence imposed was not manifestly excessive.
In light of the findings, the court granted the appellant leave to appeal against his sentence. The case will now be remitted to the sentencing judge for reconsideration, taking into account the errors identified by the court. The sentencing judge will need to reassess the appellant's plea of guilty in mitigation, the criminality involved in the matter, the disregard for public safety, the emphasis on financial gain, and the appellant's character, age, and antecedents. The judge must also make a finding regarding rehabilitation, if appropriate. The final orders of the court will be communicated upon the conclusion of the reconsideration process.
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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