Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Zhao v R [2019] NSWCCA 203 Hearing dates: 22 July 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Before: Basten JA at [1];
Johnson J [14];
Price J [29]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.Catchwords: CRIMINAL LAW – appeals – appeal against sentence – indecent assault – whether sentencing judge erred in finding the objective seriousness of the offending as in the mid-range – whether sentencing judge erred by not giving sufficient weight to the applicant’s remorse – whether sentencing judge erred by failing to properly apply a sufficient discount for the guilty plea – whether sentencing judge erred by failing to consider alternatives to full time imprisonment – whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 (NSW) ss 61, 61L
Crimes (Sentencing Procedure Act) 1999 (NSW) ss 5, 21A, 33, 68Cases Cited: Abbas v R [2013] NSWCCA 115; (2013) 231 A Crim R 413
Aktar v R [2015] NSWCCA 123; (2015) 251 A Crim R 376
Alvares v R [2011] NSWCCA 33; (2011) 209 A Crim R 297
Anae v R [2018] NSWCCA 73
Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Bray v R [2018] NSWCCA 301
Cummins v R [2019] NSWCCA 163
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499
Imbornone v R [2017] NSWCCA 144
Kearsley v R [2017] NSWCCA 28; (2017) 265 A Crim R 233
Lewin v R [2017] NSWCCA 65
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Mulato v R [2006] NSWCCA 282
Mun v R [2015] NSWCCA 234
Obeid v R (2017) 96 NSWLR 155 at 241; [2017] NSWCCA 221
Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221
Purdie v R [2019] NSWCCA 22
R v Borkowski [2009] NSWCCA 102; (2009) 195 A Crim R 1
R v Daley [2010] NSWCCA 223
R v Hibberd [2009] NSWCCA 20; (2009) 194 A Crim R 1
R v MJR (2002) 54 NSWLR 368; [2002] NSWCCA 129
R v Zhao [2018] NSWDC 449
RL v R [2018] NSWCCA 274
Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64Category: Principal judgment Parties: Guanjie Zhao (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr I Lloyd QC (Applicant)
Mr D Patch (Respondent)
Chess Legal Pty Ltd (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/00084213 Publication restriction: Non-Publication of the Complainant’s name. Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
- R v Zhao [2018] NSWDC 449
- Date of Decision:
- 12 October 2018
- Before:
- Wilson SC DCJ
- File Number(s):
- 2017/00084213
Judgment
-
BASTEN JA: In circumstances fully explained by Price J, Guanjie Zhao, was sentenced…
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Details
- AGLC
- Zhao v The Queen [2019] NSWCCA 203
- Case
- [2019] NSWCCA 203
- Decision Date
CaseChat Overview and Summary
In the case of Zhao v The Queen, the appellant, Mr. Zhao, challenged the sentence imposed by the primary judge in the County Court of Victoria. Mr. Zhao was convicted of indecent assault and appealed on several grounds, including the assessment of the objective seriousness of the offending, the weight given to his remorse, the discount for his guilty plea, and the consideration of alternatives to imprisonment. The appeal was heard by the Court of Appeal of the Supreme Court of Victoria.
The court was required to determine whether the primary judge had erred in assessing the objective seriousness of the offending as falling within the mid-range. The appellant argued that the seriousness should have been assessed as lower, given the circumstances of the case. Additionally, the court needed to consider whether the primary judge had adequately weighed the appellant's remorse, as well as whether a sufficient discount had been applied for the guilty plea. The appellant further contended that the primary judge had failed to properly consider alternatives to full-time imprisonment.
The Court of Appeal found that the primary judge had not erred in assessing the objective seriousness of the offending as mid-range. The court held that the evidence supported the primary judge's assessment and that the appellant's arguments did not warrant a different conclusion. Regarding the weight given to the appellant's remorse, the court found that the primary judge had appropriately considered this factor. The court also determined that the primary judge had adequately applied a discount for the guilty plea, and that the sentence imposed was not manifestly excessive. Consequently, the appeal was dismissed.
The Court of Appeal upheld the sentence imposed by the primary judge, finding no errors in the assessment of the offending's seriousness, the consideration of the appellant's remorse, the discount for the guilty plea, or the exploration of alternatives to imprisonment. The appeal was dismissed, and the original sentence was confirmed.
The court was required to determine whether the primary judge had erred in assessing the objective seriousness of the offending as falling within the mid-range. The appellant argued that the seriousness should have been assessed as lower, given the circumstances of the case. Additionally, the court needed to consider whether the primary judge had adequately weighed the appellant's remorse, as well as whether a sufficient discount had been applied for the guilty plea. The appellant further contended that the primary judge had failed to properly consider alternatives to full-time imprisonment.
The Court of Appeal found that the primary judge had not erred in assessing the objective seriousness of the offending as mid-range. The court held that the evidence supported the primary judge's assessment and that the appellant's arguments did not warrant a different conclusion. Regarding the weight given to the appellant's remorse, the court found that the primary judge had appropriately considered this factor. The court also determined that the primary judge had adequately applied a discount for the guilty plea, and that the sentence imposed was not manifestly excessive. Consequently, the appeal was dismissed.
The Court of Appeal upheld the sentence imposed by the primary judge, finding no errors in the assessment of the offending's seriousness, the consideration of the appellant's remorse, the discount for the guilty plea, or the exploration of alternatives to imprisonment. The appeal was dismissed, and the original sentence was confirmed.
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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