Chen v R (Cth) [2021] NSWCCA 277

Chen v R (Cth) [2021] NSWCCA 277

The Court found that the 10% discount applied in the 2003 resentencing did recognise, and generously so, the utilitarian value of the appellant's late guilty plea, and there was no error in failing to expressly use the phrase 'utilitarian value'; the quantification and reasoning accorded with relevant legal principles.

Parties
Appellant: Jack Chik Chen; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
26 November 2021
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Appeal Against Sentence, Conspiracy to Import Prohibited Narcotic Goods, Utilitarian Discount for Guilty Plea, Crimes (appeal and Review) Act
Criminal Law Appeal Against Sentence Conspiracy to Import Prohibited Narcotic Goods Utilitarian Discount for Guilty Plea Crimes (appeal and Review) Act

Case Brief

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Parties

Jack Chik Chen

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the 2003 resentencing decision erred in the discount afforded for the plea of guilty by failing to consider the utilitarian value of the plea.

Ratio Decidendi

The Court found that the 10% discount applied in the 2003 resentencing did recognise, and generously so, the utilitarian value of the appellant's late guilty plea, and there was no error in failing to expressly use the phrase 'utilitarian value'; the quantification and reasoning accorded with relevant legal principles.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed