Regina (Commonwealth) v Hung [2001] NSWCCA 233

Regina (Commonwealth) v Hung [2001] NSWCCA 233

Leave to appeal granted but appeal dismissed as sentence was not manifestly excessive, parity did not apply, and fresh evidence was inadmissible and would not have affected the outcome; sentencing error regarding recognizance release order could be addressed by the original court, not the appellate court.

Parties
Appellant: Joseph Tung Kam Hung; Respondent: Crown
Jurisdiction
Australia
Judgment Date
29 June 2001
Procedural Posture
Criminal / Appeal Against Sentence
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
Sentence and Procedure, Appeal, Manifestly Excessive, Parity, Admission of Fresh Evidence
Criminal Law Sentence and Procedure Appeal Manifestly Excessive Parity Admission of Fresh Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Tung Kam Hung

Appellant

Crown

Respondent

Procedural Posture

Criminal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether parity of sentence should apply compared to a co-offender
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

Leave to appeal granted but appeal dismissed as sentence was not manifestly excessive, parity did not apply, and fresh evidence was inadmissible and would not have affected the outcome; sentencing error regarding recognizance release order could be addressed by the original court, not the appellate court.

Court Disposition

Leave to appeal granted, appeal dismissed

Orders

  • Confidential reasons to remain in a sealed envelope
  • Appellant may seek correction of recognizance release order in District Court