Tiew v R [2020] NSWCCA 234

Tiew v R [2020] NSWCCA 234

The failure to make an express finding on remorse was an error, but having made its own finding of genuine remorse, the Court determined no lesser sentence was warranted in law, given the applicant's key role, the seriousness of the offence, and the lack of mitigating subjective circumstances beyond those accepted by the sentencing judge. No error was demonstrated in relation to aggravating factors or parity.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence From District Court of NSW
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'appeal Against Sentence' 'drug Offences' 'objective Seriousness' 'remorse' 'parity of Sentence']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'drug Offences' 'objective Seriousness' 'remorse' 'parity of Sentence']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence From District Court of NSW

Legal Issues

  1. 1 ['Whether the sentencing judge erred by double counting factors of aggravation' 'Whether the sentencing judge erred in failing to make a finding as to remorse' 'Whether the sentence was manifestly excessive' 'Whether the sentence lacked parity with sentence of co-offender']

Ratio Decidendi

The failure to make an express finding on remorse was an error, but having made its own finding of genuine remorse, the Court determined no lesser sentence was warranted in law, given the applicant's key role, the seriousness of the offence, and the lack of mitigating subjective circumstances beyond those accepted by the sentencing judge. No error was demonstrated in relation to aggravating factors or parity.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted so far as necessary, including respect to the filing of the application for leave out of time.' 'The appeal is dismissed.']