Cheun v R [2009] NSWCCA 116

Cheun v R [2009] NSWCCA 116

The sentencing judge did not err in allowing a twenty percent discount for past and future assistance, together with ten percent for the plea of guilty, because the authorities relied on by the applicant concerned combined discounts including the plea, there was no evidence of restrictions or deprivations from protective custody, the plea was not early, and a combined discount of thirty percent was not so low that no reasonable assessment could be made by a sentencing judge exercising discretion.

Jurisdiction
Australia
Judgment Date
17 April 2009
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['discount for Past and Future Assistance' 'discount for Plea of Guilty' 'severity of Sentence' 'attempting to Possess a Commercial Quantity of an Unlawfully Imported Controlled Drug']
['criminal Law and Procedure' 'sentencing'] ['discount for Past and Future Assistance' 'discount for Plea of Guilty' 'severity of Sentence' 'attempting to Possess a Commercial Quantity of an Unlawfully Imported Controlled Drug']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to give the applicant an appropriate discount for assistance.' 'Whether a combined discount of thirty percent for plea of guilty and past and future assistance was outside the sound exercise of sentencing discretion.']

Ratio Decidendi

The sentencing judge did not err in allowing a twenty percent discount for past and future assistance, together with ten percent for the plea of guilty, because the authorities relied on by the applicant concerned combined discounts including the plea, there was no evidence of restrictions or deprivations from protective custody, the plea was not early, and a combined discount of thirty percent was not so low that no reasonable assessment could be made by a sentencing judge exercising discretion.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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