R v Lin [2000] NSWCCA 542

R v Lin [2000] NSWCCA 542

Even if the sentencing judge erred in the application of s 16G, the sentence of twelve months' imprisonment with release after eight months on recognisance was appropriate having regard to the seriousness of the conspiracy, the appellant's active and important role, his financial motivation, deterrence, his plea and assistance, personal circumstances, and parity with Chen; therefore s 6(3) of the Criminal Appeal Act (NSW) required dismissal of the appeal.

Jurisdiction
Australia
Judgment Date
11 August 2000
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed; sentence confirmed.
Legal Topics
['conspiracy' 'people Smuggling' 'federal Sentencing' 's 16 G Adjustment' 'parity' 'periodic Detention']
['criminal Law' 'sentencing'] ['conspiracy' 'people Smuggling' 'federal Sentencing' 's 16 G Adjustment' 'parity' 'periodic Detention']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge was influenced by a later increase in the maximum penalty rather than the maximum penalty applicable at the time of the offence.' 'Whether the sentencing judge erred in applying s 16G of the Crimes Act 1914 (Cth).' 'Whether the sentence was disproportionate having regard to the sentence imposed on co-offender Chen and principles of parity.' 'Whether the matter was appropriate for periodic detention and whether the sentencing judge erred by not obtaining a pre-sentence report.']

Ratio Decidendi

Even if the sentencing judge erred in the application of s 16G, the sentence of twelve months' imprisonment with release after eight months on recognisance was appropriate having regard to the seriousness of the conspiracy, the appellant's active and important role, his financial motivation, deterrence, his plea and assistance, personal circumstances, and parity with Chen; therefore s 6(3) of the Criminal Appeal Act (NSW) required dismissal of the appeal.

Court Disposition

Leave to appeal granted; appeal dismissed; sentence confirmed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.' 'Confirm the sentence imposed by the sentencing Judge and note that the appellant is eligible to be released six months less two days from today having already served two months and two days of the custodial portion of the sentence.']