R-v-Chan Thanh Ma [1999] NSWCCA 154

R-v-Chan Thanh Ma [1999] NSWCCA 154

The sentence was excessive and beyond the sentencing discretion because, having regard to the quantity of heroin, comparative sentencing statistics, the applicant's guilty plea and cooperation, the need to consider contrition and rehabilitation, and the absence of consideration of special circumstances, the Court should interfere and resentence the applicant with a reduced minimum term to facilitate counselling for drug addiction.

Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Criminal Sentence Appeal Concerning Supply Prohibited Drugs / Application for Extension of Time and Leave to Appeal Against Severity of Sentence
Outcome
Extension of time granted, leave to appeal granted, appeal allowed, original sentence quashed and substituted sentence imposed.
Legal Topics
['supply Prohibited Drugs' 'severity Appeal' 'guilty Plea' 'prior Criminal History' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'rehabilitation From Drug Addiction']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drugs' 'severity Appeal' 'guilty Plea' 'prior Criminal History' 'general Deterrence' 'specific Deterrence' 'special Circumstances' 'rehabilitation From Drug Addiction']

Case Brief

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Procedural Posture

Criminal Sentence Appeal Concerning Supply Prohibited Drugs / Application for Extension of Time and Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed for supply prohibited drugs was beyond the sentencing discretion and excessive.' "Whether adequate credit was given for the applicant's guilty plea and cooperation." 'Whether the sentencing judge failed to consider special circumstances relating to rehabilitation and drug counselling.' "How the applicant's prior heroin supply conviction should affect sentence."]

Ratio Decidendi

The sentence was excessive and beyond the sentencing discretion because, having regard to the quantity of heroin, comparative sentencing statistics, the applicant's guilty plea and cooperation, the need to consider contrition and rehabilitation, and the absence of consideration of special circumstances, the Court should interfere and resentence the applicant with a reduced minimum term to facilitate counselling for drug addiction.

Court Disposition

Extension of time granted, leave to appeal granted, appeal allowed, original sentence quashed and substituted sentence imposed.

Orders

  • ['Grant an extension of time within which to bring this application for leave to appeal.' 'Grant leave to appeal and allow the appeal.' 'Quash the sentence imposed by his Honour and impose in lieu a sentence of imprisonment for four years comprising a minimum term of two years six months commencing on 15 March 1997...