Dang v R [2013] NSWCCA 246

Dang v R [2013] NSWCCA 246

The individual and aggregate sentences imposed for non-commercial drug manufacture and related offences, in light of the applicant's addiction and primarily personal usage motive, were manifestly excessive and failed to adequately distinguish from sentences imposed for more objectively serious commercial offending. Sentences are to be quashed and resentenced to reflect diminished culpability and principles of parity, totality and proportionality.

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Following Sentencing in District Court
Outcome
Appeal allowed. Sentences quashed. Applicant re-sentenced.
Legal Topics
['application for Leave to Appeal Sentence' 'guilty Plea' 'manufacture Prohibited Drug' 'possess Precursor' 'possess Drug Manufacture Apparatus' 'sentencing Principles' 'accumulation of Sentences' 'moral Culpability' 'addiction as Motive' 'double Punishment' 'special Circumstances']
['criminal Law'] ['application for Leave to Appeal Sentence' 'guilty Plea' 'manufacture Prohibited Drug' 'possess Precursor' 'possess Drug Manufacture Apparatus' 'sentencing Principles' 'accumulation of Sentences' 'moral Culpability' 'addiction as Motive' 'double Punishment' 'special Circumstances']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Following Sentencing in District Court

Legal Issues

  1. 1 ['Whether individual and aggregate sentences were manifestly excessive' 'Whether there was double punishment due to accumulation of sentences for breach of conditional liberty' 'Whether addiction as motive diminished moral culpability' 'Whether the sentence adequately reflected special circumstances']

Ratio Decidendi

The individual and aggregate sentences imposed for non-commercial drug manufacture and related offences, in light of the applicant's addiction and primarily personal usage motive, were manifestly excessive and failed to adequately distinguish from sentences imposed for more objectively serious commercial offending. Sentences are to be quashed and resentenced to reflect diminished culpability and principles of parity, totality and proportionality.

Court Disposition

Appeal allowed. Sentences quashed. Applicant re-sentenced.

Orders

  • ['Leave to appeal granted' 'Appeal allowed' 'Quash sentences imposed on 15 June 2012' 'In lieu impose the following: Counts 2-5: On each, fixed term of 15 months to date from 19 December 2010 expiring 18 March 2012' 'Count 1: Non-parole period 2 years 3 months to date from 19 April 2011 expiring 18 July 2013, with...