New South Wales
Court of Criminal Appeal
CITATION: Yang v R [2007] NSWCCA 37 HEARING DATE(S): 20/2/07
JUDGMENT DATE:
20 February 2007JUDGMENT OF: Sully J at 1; Bell J at 2; Hoeben J at 29 EX TEMPORE JUDGMENT DATE: 20 February 2007 DECISION: Grant leave to appeal; Refuse the appeal CATCHWORDS: Sentence appeal manifest excess LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: R v Ferrer-Esis (1991) 55 A Crim R 231
R v Hammoud (2000) 118 A Crim R 66
R v Huang [2000] NSWCCA 238: 113 A Crim R 386
R v Wheeler [2000] NSWCCA 34PARTIES: Zhong Ping Yang (Applicant)
Regina (Respondent)FILE NUMBER(S): CCA 2006/2623 COUNSEL: C Loukas (Applicant)
W Dawe QC (Respondent)SOLICITORS: S E O'Connor (Applicant)
S Kavanagh (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 04/11/0815 LOWER COURT JUDICIAL OFFICER: Gibson DCJ
2006/2623
Tuesday 20 February 2007SULLY J
BELL J
HOEBEN J
1 SULLY J: The Court is in a position to deal with this matter without reserving. Justice Bell will give the first judgment.
2 BELL J: This is an application for leave to appeal against the severity of sentences imposed on the applicant in the District Court on 19 May 2005. The notice of appeal is dated 16 November 2006. We were informed that the applicant had previously been granted an extension of time in which to bring his appeal.
3 The applicant was arrested on 12 December 2003 at premises at which he was residing in Lidcombe. A search warrant was executed on those premises at that time. The applicant told the police that he was a Chinese national who had overstayed his visa. He said that no other person was residing at the premises and he informed the police that there was a firearm in his bedroom.
4 The police located a firearm loaded with six bullets, in a drawer of the bathroom vanity cabinet. It was a .32 Smith & Wesson long calibre Rossi six chamber revolver; the serial number had been removed from the weapon. The weapon was in working order. The applicant did not have a licence or permit for it.
5 During the search of the applicant's bedroom the police located a counterfeit New South Wales driver's licence in the name of the Liang Yong Zhou, which contained a photograph of the applicant. On the top of a bedside table police located a counterfeit Qantas Visa card in the name of Bill K Fung.
6 The police also located a number of metal stamps capable of being applied to plastic credit cards and a strip of paper with the word “MasterCard” on it, which was also capable of being applied to blank credit cards in the applicant’s bedroom.
7 During the course of the search of other rooms in the premises the police located a number of other credit cards, including counterfeit Visa cards in a number of names. In…
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- AGLC
- Yang v R [2007] NSWCCA 37
- Case
- [2007] NSWCCA 37
- Decision Date
CaseChat Overview and Summary
The court was required to consider the principles of sentencing and the appropriate role of the High Court in reviewing sentences. The court noted that while it is not often appropriate for the High Court to substitute its own view of the appropriate sentence for that of the trial judge, there are circumstances in which the High Court may intervene if the sentence is manifestly excessive. The court examined the nature and circumstances of the offence, the character of the offender, and the principles of sentencing as they apply to the particular crime. The court also considered whether the trial judge had properly exercised his or her discretion in imposing the sentence.
The court ultimately found that the sentence imposed by the trial judge was not manifestly excessive. The court held that the trial judge had properly considered the relevant factors and had exercised his or her discretion in a manner consistent with the principles of sentencing. The court emphasised the importance of deference to the trial judge in sentencing matters, and found that the High Court should only intervene in cases of manifest excess. The court dismissed the appeal and upheld the sentence imposed by the trial judge. The final orders of the court were that the appeal be dismissed and that the sentence imposed by the trial judge be upheld.
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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