Xue v Regina [2009] NSWCCA 227

Xue v Regina [2009] NSWCCA 227

The appeal was dismissed because the sentencing judge did not err in characterising the applicant’s behaviour as mid-range, refusing to find remorse or special circumstances, or failing to apply parity with non-co-offenders. The sentences imposed duly reflected the applicant’s position and circumstances, and no miscarriage of justice resulted from any disparities.

Parties
Applicant: Li Min Xue; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal Law Sentence Appeal / Court of Criminal Appeal Judgment on Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; the appeal is dismissed.
Legal Topics
Sentence Appeal, Parity Principle, Objective Seriousness of Offence, Special Circumstances, Remorse
Criminal Law Sentence Appeal Parity Principle Objective Seriousness of Offence Special Circumstances Remorse

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Parties

Li Min Xue

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Law Sentence Appeal / Court of Criminal Appeal Judgment on Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether parity is a consideration when assessing objective seriousness of offence
  2. 2 Whether refusal to find special circumstances constituted error
  3. 3 Whether parity principles applied where co-offender not involved

Ratio Decidendi

The appeal was dismissed because the sentencing judge did not err in characterising the applicant’s behaviour as mid-range, refusing to find remorse or special circumstances, or failing to apply parity with non-co-offenders. The sentences imposed duly reflected the applicant’s position and circumstances, and no miscarriage of justice resulted from any disparities.

Court Disposition

Leave to appeal granted; the appeal is dismissed.

Orders

  • Leave to appeal granted.
  • The appeal is dismissed.