Phan v R [2007] NSWCCA 42

Phan v R [2007] NSWCCA 42

The sentencing judge did not err in the application of special circumstances, the sentence for the s93G(1)(c) offence was not manifestly excessive considering the overall criminality and circumstances, and procedural fairness was not denied.

Jurisdiction
Australia
Judgment Date
27 February 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'supply Prohibited Drug' 'possession Prohibited Firearm' 'carry Firearm in a Manner Likely to Injure' 'pleas of Guilty' 'special Circumstances' 'statutory Proportions of Sentences' 'purpose of Finding of Special Circumstances' 'multiple Offences' 'accumulated or Partially Accumulated Terms of Sentences' 'manifestly Excessive Sentences' 'procedural Fairness']
['criminal Law'] ['sentencing' 'supply Prohibited Drug' 'possession Prohibited Firearm' 'carry Firearm in a Manner Likely to Injure' 'pleas of Guilty' 'special Circumstances' 'statutory Proportions of Sentences' 'purpose of Finding of Special Circumstances' 'multiple Offences' 'accumulated or Partially Accumulated Terms of Sentences' 'manifestly Excessive Sentences' 'procedural Fairness']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying special circumstances in determination of the non-parole period' 'Whether the sentence imposed for the s93G(1)(c) offence was manifestly excessive' "Whether procedural fairness was denied due to the sentencing judge's indication regarding concurrency of sentences"]

Ratio Decidendi

The sentencing judge did not err in the application of special circumstances, the sentence for the s93G(1)(c) offence was not manifestly excessive considering the overall criminality and circumstances, and procedural fairness was not denied.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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