Yeung v R [2018] NSWCCA 52

Yeung v R [2018] NSWCCA 52

Reading the sentencing judgment as a whole, the sentencing judge undertook an evaluative assessment of the relevant factors, including the amount of drug involved, applicant's role, and nature of conduct; no error established in accumulation, special circumstances, or parity.

Parties
Applicant: Gilbert Wai Kit Yeung; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Supply of Prohibited Drugs, Objective Seriousness, Accumulation of Sentences, Special Circumstances, Parity
Criminal Law Sentencing Supply of Prohibited Drugs Objective Seriousness Accumulation of Sentences Special Circumstances Parity

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Parties

Gilbert Wai Kit Yeung

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 assessment of objective seriousness in sentencing
  2. 2 accumulation and concurrency of sentences under s 55(1) Crimes (Sentencing Procedure) Act 1999 (NSW)
  3. 3 application of special circumstances in structuring sentence

Ratio Decidendi

Reading the sentencing judgment as a whole, the sentencing judge undertook an evaluative assessment of the relevant factors, including the amount of drug involved, applicant's role, and nature of conduct; no error established in accumulation, special circumstances, or parity.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed