Regina v Dennis Hong Wong [2003] NSWCCA 261

Regina v Dennis Hong Wong [2003] NSWCCA 261

The sentencing Judge did not err because he plainly considered the applicant's protective custody, accepted that the applicant was then in protection and that a threat more than likely occurred, but correctly concluded that there was insufficient evidence of substance as to the relevant circumstances and duration of protection, and the applicant had not assisted authorities so as to put himself at risk. The sentence imposed for the exceptionally large heroin importation was not shown to warrant appellate intervention.

Jurisdiction
Australia
Judgment Date
03 September 2003
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['importation of Heroin' 'protective Custody' 'severity Appeal' 'evidence on Sentence']
['criminal Law' 'sentencing'] ['importation of Heroin' 'protective Custody' 'severity Appeal' 'evidence on Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing Judge erred in giving no weight to the fact that the applicant was serving his sentence in protective custody.' 'Whether the sentence of imprisonment for twenty years with a non-parole period of thirteen years was excessive in light of the protective custody issue.']

Ratio Decidendi

The sentencing Judge did not err because he plainly considered the applicant's protective custody, accepted that the applicant was then in protection and that a threat more than likely occurred, but correctly concluded that there was insufficient evidence of substance as to the relevant circumstances and duration of protection, and the applicant had not assisted authorities so as to put himself at risk. The sentence imposed for the exceptionally large heroin importation was not shown to warrant appellate intervention.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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