Chen v R [2009] NSWCCA 157

Chen v R [2009] NSWCCA 157

The error in the Agreed Statement of Facts did not materially affect the sentencing process, as the sentencing judge used the accurate schedule of transactions. The sentences imposed reflected the objective seriousness of the offences, including the applicant's involvement in an organised, commercial operation supplying substantial quantities of methylamphetamine. The sentences were not manifestly excessive.

Parties
Applicant: Chen Chien Chen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
10 June 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Determination
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Possession of Prohibited Weapon
Criminal Law Sentencing Drug Offences Appeal Against Sentence Possession of Prohibited Weapon

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Parties

Chen Chien Chen

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Appeal Determination

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether the sentencing judge erred in finding the quantity and frequency of drug supply
  3. 3 Whether an error in the Agreed Statement of Facts affected the sentencing process

Ratio Decidendi

The error in the Agreed Statement of Facts did not materially affect the sentencing process, as the sentencing judge used the accurate schedule of transactions. The sentences imposed reflected the objective seriousness of the offences, including the applicant's involvement in an organised, commercial operation supplying substantial quantities of methylamphetamine. The sentences were not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal against sentence dismissed