Cam Huynh Giang v R [2017] NSWCCA 25

Cam Huynh Giang v R [2017] NSWCCA 25

The role of undercover operatives did not diminish the applicant's culpability, nor did the fact the drugs were not disseminated in the community constitute a mitigating factor. The sentencing judge correctly applied duress in the overall sentencing process, and the sentence imposed fell within the acceptable range given the quantity and purity supplied. No error warranting appellate intervention was demonstrated.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Merits
Outcome
Extension of time granted for appeal hearing. Leave to rely on Ground One refused. Leave to appeal on Grounds Two and Three granted; appeal dismissed.
Legal Topics
['sentencing' 'appeals' 'manifestly Excessive Sentence' 'role of Police Provocateurs' 'objective and Subjective Gravity' 'standard Non Parole Period']
['criminal Law'] ['sentencing' 'appeals' 'manifestly Excessive Sentence' 'role of Police Provocateurs' 'objective and Subjective Gravity' 'standard Non Parole Period']

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Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Merits

Legal Issues

  1. 1 ['Whether the sentence was manifestly excessive' "Whether the involvement of undercover operatives diminished applicant's culpability" 'Whether the sentencing judge erred in considering subjective features in assessing objective gravity']

Ratio Decidendi

The role of undercover operatives did not diminish the applicant's culpability, nor did the fact the drugs were not disseminated in the community constitute a mitigating factor. The sentencing judge correctly applied duress in the overall sentencing process, and the sentence imposed fell within the acceptable range given the quantity and purity supplied. No error warranting appellate intervention was demonstrated.

Court Disposition

Extension of time granted for appeal hearing. Leave to rely on Ground One refused. Leave to appeal on Grounds Two and Three granted; appeal dismissed.

Orders

  • ['Extension of time granted for the hearing of the appeal' 'Leave to rely on Ground One refused' 'Leave to appeal on Ground Two granted, appeal dismissed' 'Leave to appeal on Ground Three granted, appeal dismissed']