Kwon, Joseph v R [2011] NSWCCA 58

Kwon, Joseph v R [2011] NSWCCA 58

The appeal was dismissed because no material sentencing error was established. The assessment of the offences as just below the mid range of objective seriousness was open notwithstanding the applicant's asserted role, the use of undercover police, and his addiction and debts. The reduction of the statutory ratio following the finding of special circumstances was not shown to be erroneous. The aggregate sentence was not manifestly excessive in light of the repeated supplies, the agreement to supply 30,000 tablets, the maximum penalties, and comparable authority. The disparity with Anthony Choi's sentence did not give rise to a justifiable sense of grievance because the applicant's...

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'supply of Large Commercial Quantities of Mdma' 'objective Seriousness' 'special Circumstances' 'manifest Excess' 'parity Between Co Offenders']
['criminal Law' 'sentencing' 'drug Offences'] ['appeal Against Sentence' 'supply of Large Commercial Quantities of Mdma' 'objective Seriousness' 'special Circumstances' 'manifest Excess' 'parity Between Co Offenders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective seriousness of the offences as falling just below the mid range.' 'Whether the sentencing judge failed to give proper effect to a finding of special circumstances.' 'Whether the head sentences and overall sentence were manifestly excessive.' 'Whether the sentence imposed on the applicant was materially disproportionate to that imposed on co-offender Anthony Choi so as to give rise to a justifiable sense of grievance.']

Ratio Decidendi

The appeal was dismissed because no material sentencing error was established. The assessment of the offences as just below the mid range of objective seriousness was open notwithstanding the applicant's asserted role, the use of undercover police, and his addiction and debts. The reduction of the statutory ratio following the finding of special circumstances was not shown to be erroneous. The aggregate sentence was not manifestly excessive in light of the repeated supplies, the agreement to supply 30,000 tablets, the maximum penalties, and comparable authority. The disparity with Anthony Choi's sentence did not give rise to a justifiable sense of grievance because the applicant's...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']