Luong v R [2014] NSWCCA 129

Luong v R [2014] NSWCCA 129

The sentencing judge applied the totality principle correctly and was entitled to accumulate the fraud sentence upon expiry of the non-parole period for the drug offence because the drug sentence did not comprehend the criminality of the planned, sophisticated and prolonged fraud. The unexplained delay in charging did not cause demonstrated detriment warranting leniency. The undiscounted starting point below the maximum, the sentence for the fraud offence, and the total effective sentence were within the legitimate exercise of sentencing discretion and were not manifestly excessive.

Jurisdiction
Australia
Judgment Date
14 July 2014
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['obtaining Money by Deception' 'existing Sentence' 'accumulation of Sentences' 'totality Principle' 'delay in Charging' 'manifest Excessiveness' 'guilty Plea Discount' 'special Circumstances']
['criminal Law' 'sentencing'] ['obtaining Money by Deception' 'existing Sentence' 'accumulation of Sentences' 'totality Principle' 'delay in Charging' 'manifest Excessiveness' 'guilty Plea Discount' 'special Circumstances']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred in fully accumulating the sentence for the fraud offence upon the non-parole period of the earlier drug sentence.' 'Whether the delay in charging the fraud offence required leniency or a different approach to accumulation.' 'Whether the sentence for the fraud offence, and the total effective sentence, was manifestly excessive.']

Ratio Decidendi

The sentencing judge applied the totality principle correctly and was entitled to accumulate the fraud sentence upon expiry of the non-parole period for the drug offence because the drug sentence did not comprehend the criminality of the planned, sophisticated and prolonged fraud. The unexplained delay in charging did not cause demonstrated detriment warranting leniency. The undiscounted starting point below the maximum, the sentence for the fraud offence, and the total effective sentence were within the legitimate exercise of sentencing discretion and were not manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']