Hung v R [2019] NSWCCA 303

Hung v R [2019] NSWCCA 303

The sentencing judge expressly considered the applicant's mental health evidence and brought it to account in assessing moral culpability, general deterrence and special circumstances. The judge was not required to quantify the effect of the mental illness on sentence. The sentencing judge either found special circumstances on the basis that custody would affect the applicant's mental health or did not accept that custody would have that effect, and neither alternative established error. Although there were differences between the applicant and Mr Tong, both were active and integral participants in the offences, the applicant received a lesser sentence, and Mr Tong's additional discount...

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Hearing From Sentence Imposed in the District Court of New South Wales at Parramatta on 13 November 2018
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drugs' 'mental Illness in Sentencing' 'moral Culpability' 'general Deterrence' 'special Circumstances' 'parity Principle' 'justifiable Sense of Grievance']
['criminal Law' 'sentencing' 'criminal Appeals'] ['supply of Prohibited Drugs' 'mental Illness in Sentencing' 'moral Culpability' 'general Deterrence' 'special Circumstances' 'parity Principle' 'justifiable Sense of Grievance']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Hearing From Sentence Imposed in the District Court of New South Wales at Parramatta on 13 November 2018

Legal Issues

  1. 1 ["Whether the sentencing judge erred in dealing with the applicant's mental illness by not making findings about moral culpability, general deterrence, and onerous custody." 'Whether the applicant had a justifiable sense of grievance because of disparity between his sentence and the sentence imposed on co-offender Michael Tong.']

Ratio Decidendi

The sentencing judge expressly considered the applicant's mental health evidence and brought it to account in assessing moral culpability, general deterrence and special circumstances. The judge was not required to quantify the effect of the mental illness on sentence. The sentencing judge either found special circumstances on the basis that custody would affect the applicant's mental health or did not accept that custody would have that effect, and neither alternative established error. Although there were differences between the applicant and Mr Tong, both were active and integral participants in the offences, the applicant received a lesser sentence, and Mr Tong's additional discount...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']