Chang v Regina [2006] NSWCCA 409

The aggregate sentence was manifestly excessive as the principle of totality was not properly applied; a reduction and partial accumulation of sentences is required.

Jurisdiction: Australia
Judgment Date: 21 December 2006
Procedural Posture: Criminal Appeal / Leave to Appeal Against Sentence
Outcome: Leave to appeal granted, appeal allowed
Legal Topics: ['sentencing' 'totality' 'delay in Prosecution' 'drug Offences' 'aggravated Break and Enter']

['criminal Law'] ['sentencing' 'totality' 'delay in Prosecution' 'drug Offences' 'aggravated Break and Enter']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

1 ['Whether delay in prosecution of drug supply charge is relevant to mitigation of sentence' 'Whether totality principle was correctly applied in accumulation of sentences' 'Whether overall sentence was manifestly excessive']

Ratio Decidendi

The aggregate sentence was manifestly excessive as the principle of totality was not properly applied; a reduction and partial accumulation of sentences is required.

Court Disposition

Leave to appeal granted, appeal allowed

Orders

['Sentences in District Court affirmed except that sentence on second charge to commence on 6 August 2006' 'Applicant eligible for release on parole on 6 November 2008']