Heng v R [2019] NSWCCA 317

Heng v R [2019] NSWCCA 317

The sentencing judge did not err in assessing the objective seriousness or in characterising the case as among the most serious of its kind, and the sentence imposed was not manifestly excessive in light of the applicant's role, criminal history, and relevant precedents.

Jurisdiction
Australia
Judgment Date
23 December 2019
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'importation of Commercial Quantity of Border Controlled Drug' 'assessment of Objective Gravity' 'manifest Excess']
['criminal Law'] ['sentencing' 'importation of Commercial Quantity of Border Controlled Drug' 'assessment of Objective Gravity' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge erred in finding the offence 'amongst the most serious' of its kind" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in assessing the objective seriousness or in characterising the case as among the most serious of its kind, and the sentence imposed was not manifestly excessive in light of the applicant's role, criminal history, and relevant precedents.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • ['Grant the applicant an extension of time to file his application for leave to appeal' 'Leave to appeal against sentence granted' 'Appeal against sentence dismissed']