R v Huang [2002] NSWCCA 499

R v Huang [2002] NSWCCA 499

The sentence was not manifestly excessive in light of the objective seriousness of the offence, the applicant's criminal history, and circumstances. The sentencing judge's assessment of the discount and weighing of mitigating factors was reasonable.

Parties
Respondent: Regina; Applicant: Jun Yu Huang
Jurisdiction
Australia
Judgment Date
11 December 2002
Procedural Posture
Criminal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal is granted; appeal is dismissed.
Legal Topics
Sentencing, Receiving Stolen Property, Plea of Guilty, Discount on Sentence, Addiction as Mitigation
Criminal Law Sentencing Receiving Stolen Property Plea of Guilty Discount on Sentence Addiction as Mitigation

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Respondent

Jun Yu Huang

Applicant

Procedural Posture

Criminal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge gave adequate weight to the applicant's plea of guilty and subjective circumstances
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The sentence was not manifestly excessive in light of the objective seriousness of the offence, the applicant's criminal history, and circumstances. The sentencing judge's assessment of the discount and weighing of mitigating factors was reasonable.

Court Disposition

Application for leave to appeal is granted; appeal is dismissed.

Orders

  • Application for leave to appeal is granted
  • Appeal is dismissed