Regina v Ng [2001] NSWCCA 305

Regina v Ng [2001] NSWCCA 305

The sentencing judge's finding that the applicant occupied a high position and played an integral role in a very large heroin importation was available on the evidence. No error of principle was shown, and given the extreme seriousness of the importation and the applicant's role, the sentence of life imprisonment with a non-parole period of eighteen-and-a-half years was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
12 July 2001
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['importation of Prohibited Imports' 'heroin Importation' 'severity Appeal' 'life Imprisonment' 'non Parole Period' 'specific and General Deterrence']
['criminal Law' 'sentencing'] ['importation of Prohibited Imports' 'heroin Importation' 'severity Appeal' 'life Imprisonment' 'non Parole Period' 'specific and General Deterrence']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Severity of Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave to appeal against the severity of the sentence should be granted.' 'Whether the sentencing judge erred in finding that the applicant played a central, high-level role in the heroin importation.' 'Whether the sentence of life imprisonment with a non-parole period of eighteen-and-a-half years was manifestly excessive.' 'Whether compassionate family circumstances justified reduction of the sentence.']

Ratio Decidendi

The sentencing judge's finding that the applicant occupied a high position and played an integral role in a very large heroin importation was available on the evidence. No error of principle was shown, and given the extreme seriousness of the importation and the applicant's role, the sentence of life imprisonment with a non-parole period of eighteen-and-a-half years was not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['The application for leave to appeal is granted but the appeal is dismissed.']