BAE, Kangmin v R [2015] NSWCCA 133

BAE, Kangmin v R [2015] NSWCCA 133

It was open to the sentencing judge to find the applicant used innocent agents based on evidence; the offences, while part of an ongoing scheme, were nonetheless separate, discrete acts, justifying the accumulation of sentences; reliance on comparative categories is limited, and no error was established in the sentencing approach. The sentence imposed was not manifestly excessive.

Jurisdiction
Australia
Judgment Date
03 June 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'drug Importation' 'accumulation of Sentences' 'use of Innocent Agents' 'manifest Excess']
['criminal Law'] ['sentencing' 'drug Importation' 'accumulation of Sentences' 'use of Innocent Agents' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether sentencing judge erred by considering applicant's use of innocent agents" 'Whether sentencing judge erred in the degree of accumulation of sentences' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

It was open to the sentencing judge to find the applicant used innocent agents based on evidence; the offences, while part of an ongoing scheme, were nonetheless separate, discrete acts, justifying the accumulation of sentences; reliance on comparative categories is limited, and no error was established in the sentencing approach. The sentence imposed was not manifestly excessive.

Court Disposition

Application for leave to appeal granted; appeal dismissed

Orders

  • ['The application for leave to appeal be granted.' 'The appeal be dismissed.']