Regina v David Chang [2003] NSWCCA 327

Regina v David Chang [2003] NSWCCA 327

The objective seriousness of the offences, aggravated by breaches of bond and bail, warranted severe sentences; the sentencing judge considered the relevant subjective matters and properly exercised sentencing discretion within the permissible range. Disclosure of undetectable guilt was appropriately considered but did not require reduction of sentence beyond that imposed.

Jurisdiction
Australia
Judgment Date
14 October 2003
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'drug Offences' 'appeals']
['criminal Law'] ['sentencing' 'drug Offences' 'appeals']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge gave sufficient weight to the applicant's disclosure of otherwise undetectable guilt" 'Whether the sentence is manifestly excessive' 'Whether the judge erred in finding deemed supply of 14.9 grams of heroin instead of 4.9 grams']

Ratio Decidendi

The objective seriousness of the offences, aggravated by breaches of bond and bail, warranted severe sentences; the sentencing judge considered the relevant subjective matters and properly exercised sentencing discretion within the permissible range. Disclosure of undetectable guilt was appropriately considered but did not require reduction of sentence beyond that imposed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

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