Wong v R (Cth) [2020] NSWCCA 311

Wong v R (Cth) [2020] NSWCCA 311

The sentencing judge erred by failing to have regard to the utilitarian value of the applicant's early plea of guilty. Having regard to the statutory maximum penalty, the objective seriousness of the offence, the applicant's subjective circumstances, his continued rehabilitation, the agreed 5 per cent discount for assistance and the accepted 25 per cent discount for the utilitarian value of the early guilty plea, a lesser sentence was warranted in law. The appropriate resentence was imprisonment for 17 years and 6 months with a non-parole period of 11 years and 8 months.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Allowed and Resentencing
Outcome
Extension of time allowed; leave to appeal granted; appeal against sentence allowed; original sentence quashed; applicant resentenced.
Legal Topics
['possession of a Commercial Quantity of a Border Controlled Drug Suspected of Having Been Unlawfully Imported' 'utilitarian Value of Plea of Guilty' 'commonwealth Sentencing' 'resentencing' 'extension of Time' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['possession of a Commercial Quantity of a Border Controlled Drug Suspected of Having Been Unlawfully Imported' 'utilitarian Value of Plea of Guilty' 'commonwealth Sentencing' 'resentencing' 'extension of Time' 'leave to Appeal Against Sentence']

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Procedural Posture

Criminal Sentence Appeal / Application for Extension of Time and Leave to Appeal Against Sentence; Appeal Allowed and Resentencing

Legal Issues

  1. 1 ["Whether the sentencing judge erred by failing to have regard to the utilitarian value of the applicant's early plea of guilty in accordance with s 16A(2)(g) of the Crimes Act 1914 (Cth)." 'Whether the applicant should be resentenced to a lesser sentence after the identified error.' "What sentence should be imposed on resentence having regard to the objective seriousness of the offence, the applicant's subjective circumstances, cooperation, plea of guilty and statutory maximum penalty."]

Ratio Decidendi

The sentencing judge erred by failing to have regard to the utilitarian value of the applicant's early plea of guilty. Having regard to the statutory maximum penalty, the objective seriousness of the offence, the applicant's subjective circumstances, his continued rehabilitation, the agreed 5 per cent discount for assistance and the accepted 25 per cent discount for the utilitarian value of the early guilty plea, a lesser sentence was warranted in law. The appropriate resentence was imprisonment for 17 years and 6 months with a non-parole period of 11 years and 8 months.

Court Disposition

Extension of time allowed; leave to appeal granted; appeal against sentence allowed; original sentence quashed; applicant resentenced.

Orders

  • ['The applicant is allowed an extension of time within which to seek leave to appeal against sentence.' 'Leave to appeal against sentence is granted.' 'The appeal against sentence is allowed.' 'The sentence imposed by Cogswell SC DCJ on 18 May 2012 is quashed.' 'In lieu thereof, the applicant is sentenced to...