Lin v R [2023] NSWCCA 304
The sentencing judge did not err in finding lack of candour and inferences of minimisation of role based on applicant's statements and conduct; age and maturity differences between applicant and co-offender justified sentencing disparity; no error in consideration of remorse or rehabilitation; appeal dismissed.
- Parties
- Applicant: Bingchun Lin; Respondent: Rex (Crown)
- Jurisdiction
- Australia
- Judgment Date
- 29 November 2023
- Procedural Posture
- Criminal Appeal / Leave to Appeal and Determination of Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Sentencing, Remorse, Parity, Specific Deterrence, Possession of Imported Goods, Revenue Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Bingchun Lin
Applicant
Rex (Crown)
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal and Determination of Appeal
Legal Issues
- 1 Whether sentencing judge erred in finding applicant lied to police and used that finding regarding remorse
- 2 Whether sentencing judge erred in treating submissions by applicant's counsel as affecting prospects of rehabilitation/remorse
- 3 Whether disparity between applicant and co-offender's sentences gives rise to legitimate sense of grievance
Ratio Decidendi
The sentencing judge did not err in finding lack of candour and inferences of minimisation of role based on applicant's statements and conduct; age and maturity differences between applicant and co-offender justified sentencing disparity; no error in consideration of remorse or rehabilitation; appeal dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Leave to appeal granted.
- Appeal dismissed.
Full Case Text
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