R v Pang [1999] NSWCCA 4

R v Pang [1999] NSWCCA 4

The sentencing judge erred by giving an insufficient discount for assistance that was genuine, extensive and of very high value, and by failing to extend the allowance for the absence of remissions to the non-parole period. A 50 percent discount was appropriate, and a non-parole period amounting to 83 percent of the head sentence was too high in the circumstances.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence
Outcome
Application allowed; sentence below quashed; sentence of imprisonment for five years with a non-parole period of three years imposed.
Legal Topics
['drug Importation' 'commercial Quantity of Heroin' 'assistance to Authorities' 'sentencing Discount' 'non Parole Period' 'absence of Remissions']
['criminal Law' 'sentencing' 'criminal Appeals'] ['drug Importation' 'commercial Quantity of Heroin' 'assistance to Authorities' 'sentencing Discount' 'non Parole Period' 'absence of Remissions']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred by not allowing a sufficient discount for the applicant's assistance to authorities." 'Whether the sentencing judge erred by not making allowance for the absence of remissions within the NSW Criminal Justice System when setting the non-parole period.']

Ratio Decidendi

The sentencing judge erred by giving an insufficient discount for assistance that was genuine, extensive and of very high value, and by failing to extend the allowance for the absence of remissions to the non-parole period. A 50 percent discount was appropriate, and a non-parole period amounting to 83 percent of the head sentence was too high in the circumstances.

Court Disposition

Application allowed; sentence below quashed; sentence of imprisonment for five years with a non-parole period of three years imposed.

Orders

  • ['Application allowed.' 'Sentence below quashed.' 'Sentence of imprisonment for five years with a non-parole period of three years imposed.']