REGINA v WONG [2002] NSWCCA 527

REGINA v WONG [2002] NSWCCA 527

The delay in prosecution and the cumulation of sentences gave rise to special circumstances justifying a departure from the statutory calculation of non-parole period; the sentence imposed below was in error and should be quashed and substituted.

Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
leave to appeal granted, appeal allowed, sentence below quashed, substituted sentence imposed
Legal Topics
['sentencing' 'drug Offences' 'delay in Trial' 'special Circumstances']
['criminal Law'] ['sentencing' 'drug Offences' 'delay in Trial' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether unconscionable delay and the cumulation of sentences constituted special circumstances justifying departure from usual sentencing practice' 'Whether the sentencing judge erred in the calculation of the non-parole period']

Ratio Decidendi

The delay in prosecution and the cumulation of sentences gave rise to special circumstances justifying a departure from the statutory calculation of non-parole period; the sentence imposed below was in error and should be quashed and substituted.

Court Disposition

leave to appeal granted, appeal allowed, sentence below quashed, substituted sentence imposed

Orders

  • ["Sentence in relation to count 1: two years' imprisonment commencing 23 May 2000, expiring 22 May 2002." "Sentence in relation to count 2: four years' imprisonment commencing 22 May 2002." 'Applicant eligible for release to parole on 22 May 2004.']