REGINA v. TAN [2001] NSWCCA 219

REGINA v. TAN [2001] NSWCCA 219

The sentencing judge had taken into account the applicant's early guilty plea, contrition, prior good character, family and personal hardship, role as a bare or minimum courier, and other matters favourable to him, while properly giving weight to general and personal deterrence for commercial drug importation. The applicant did not establish sentencing error or that the sentence was manifestly excessive, so appellate intervention was not justified.

Jurisdiction
Australia
Judgment Date
28 May 2001
Procedural Posture
Criminal Law Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['sentencing' 'drug Importation' 'drug Courier' 'personal Circumstances in Sentencing' 'manifestly Excessive Sentence' 'leave to Appeal']
['criminal Law'] ['sentencing' 'drug Importation' 'drug Courier' 'personal Circumstances in Sentencing' 'manifestly Excessive Sentence' 'leave to Appeal']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account the prospect of the applicant being involved in a controlled delivery.' 'Whether the sentencing judge failed to give considerable weight to the early plea of guilty, previous good character and hardship from imprisonment in a foreign land.' 'Whether the sentence was manifestly excessive.' 'Whether there was error in the exercise of the sentencing discretion justifying appellate intervention.']

Ratio Decidendi

The sentencing judge had taken into account the applicant's early guilty plea, contrition, prior good character, family and personal hardship, role as a bare or minimum courier, and other matters favourable to him, while properly giving weight to general and personal deterrence for commercial drug importation. The applicant did not establish sentencing error or that the sentence was manifestly excessive, so appellate intervention was not justified.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']