Cao v Regina; Phan v Regina; Nguyen v Regina [2009] NSWCCA 273

Cao v Regina; Phan v Regina; Nguyen v Regina [2009] NSWCCA 273

The sentencing judge’s approximation of the quantity of heroin imported was within the range supported by the evidence and submissions on which the sentencing was based; the sentences imposed were not manifestly excessive given the applicants’ senior roles in the conspiracy; there was no marked disparity between the applicants and their co-offenders such as to give rise to a justifiable sense of grievance. Leave to appeal is granted but all appeals are dismissed.

Jurisdiction
Australia
Judgment Date
11 November 2009
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal
Outcome
Leave to appeal granted; appeals dismissed
Legal Topics
['sentence' 'conspiracy to Import Drugs' 'factual Disputes in Sentencing' 'parity of Sentences' 'manifest Excess']
['criminal Law'] ['sentence' 'conspiracy to Import Drugs' 'factual Disputes in Sentencing' 'parity of Sentences' 'manifest Excess']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Substantive Appeal

Legal Issues

  1. 1 ['Whether sentencing judge overstated the quantity of heroin imported' 'Whether sentences were manifestly excessive' 'Whether there was a lack of parity between sentences imposed on co-offenders']

Ratio Decidendi

The sentencing judge’s approximation of the quantity of heroin imported was within the range supported by the evidence and submissions on which the sentencing was based; the sentences imposed were not manifestly excessive given the applicants’ senior roles in the conspiracy; there was no marked disparity between the applicants and their co-offenders such as to give rise to a justifiable sense of grievance. Leave to appeal is granted but all appeals are dismissed.

Court Disposition

Leave to appeal granted; appeals dismissed

Orders

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