Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Zhang v R [2018] NSWCCA 82 Hearing dates: 18 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Before: Hoeben CJ at CL at [1];
Fullerton J at [57];
Davies J at [58]Decision: (1) Leave to appeal be granted.
(2) The appeal be dismissed.Catchwords: CRIMINAL LAW – sentence appeal – supply of large commercial quantity of a prohibited drug – no specific discount for early plea of guilty referred to in reasons for sentence – whether explanation pursuant to s 11 of Criminal Appeal Act 1912 appropriate – sufficient indicia that discount had been allowed – leave to appeal granted but appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 93T(1A)
Criminal Appeal Act 1912 (NSW) – ss 5(1)(c), 11
Drug Misuse and Trafficking Act 1985 (NSW) – s 25(2)Cases Cited: Butters v R [2010] NSWCCA 1
Edwards v R [2017] NSWCCA 160
Imbornone v R [2017] NSWCCA 144
Kentwell v The Queen [2014] HCA 37; 252 CLR 601
Lee v R [2016] NSWCCA 146
Pfitzner v R [2010] NSWCCA 314
R v DF [2005] NSWCCA 259
R v Harrison [2006] NSWCCA 185
R v Henare [2005] NSWCCA 366
R v Qutami [2001] NSWCCA 353; 127 A Crim R 369
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
R v Sloane [2001] NSWCCA 421; 126 A Crim R 188
Vos v Regina [2006] NSWCCA 234
Woodward v The Queen [2014] NSWCCA 205Category: Principal judgment Parties: Si Ji Zhang – Applicant
Regina – Respondent CrownRepresentation: Counsel:
Solicitors:
Dr G Woods QC/T Woods – Applicant
NJ Adams – Respondent Crown
S Joyner – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2015/144758 Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 23 June 2017
- Before:
- King SC DCJ
- File Number(s):
- 2015/144758
Judgment
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HOEBEN CJ at CL:
Offence and sentence
The applicant pleaded guilty to knowingly take part in the supply of a large commercial quantity of a prohibited drug (1996.9 grams of methylamphetamine) contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). This offence carries a maximum penalty of life imprisonment and a standard non-parole period of imprisonment for 15 years.
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There was taken into account on sentence on a Form 1, an offence of knowingly participate in a criminal group and direct activities, contrary to s 93T(1A) Crimes Act 1900 (NSW) which carries a maximum penalty of imprisonment for 10 years.
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The applicant was sentenced to a term of imprisonment with a non-parole period of 6 years and 9 months, commencing 3 October 2015 and expiring 2 July 2022, with a balance of term of 2 years and 3 months, expiring 2 October 2024.
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The applicant seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal against the sentence imposed on him by King SC…
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- AGLC
- Zhang v R [2018] NSWCCA 82
- Case
- [2018] NSWCCA 82
- Decision Date
CaseChat Overview and Summary
The court examined the reasons for the sentence provided by the trial judge to ascertain if there were sufficient indicia that a discount for the early plea of guilty had been considered and applied. The court found that while the trial judge had not explicitly mentioned the discount, there were indications that it had been factored into the overall sentencing decision. This included references to the seriousness of the offence and the need for deterrence, which the court interpreted as implicitly acknowledging the discount. Consequently, the court concluded that the trial judge's reasons for the sentence were sufficient and that the explanation provided complied with the requirements of section 11 of the Criminal Appeal Act 1912.
Given the court's determination that the trial judge's reasons for sentence were sufficient, the appeal was dismissed. Although leave to appeal had been granted, the court found no merit in the appeal as it did not establish any error in the trial judge's sentencing process. Therefore, the original sentence imposed on Zhang was upheld, and the appeal was dismissed without further comment.
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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