Dang v R [2014] NSWCCA 47

Dang v R [2014] NSWCCA 47

The sentencing judge's assessment that the applicant's dealing was slightly above street level was open on the agreed facts; her treatment of institutionalisation did not disclose error and special circumstances were found; partial accumulation was open and no exceptional circumstances justified departing from the concession made below; no procedural unfairness occurred because the judge's indication came after both parties had made submissions; and the sentences were not outside the range of the sentencing discretion. Leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Supply' 'ongoing Supply of Prohibited Drug' 'objective Seriousness' 'institutionalisation' 'accumulation of Sentences' 'procedural Fairness' 'manifest Excess']
['criminal Law' 'sentencing'] ['drug Supply' 'ongoing Supply of Prohibited Drug' 'objective Seriousness' 'institutionalisation' 'accumulation of Sentences' 'procedural Fairness' 'manifest Excess']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding that the offending conduct was slightly higher than a street level dealer and in assessing objective seriousness.' 'Whether the sentencing judge erred in not taking into account the risk of institutionalisation on the basis that it had already occurred.' 'Whether the sentencing judge erred in partially accumulating the sentences or by accumulating them by a period of 5 months.' 'Whether the sentencing judge erred in departing from an indication of imposing "a couple of more years" without notice to the parties.' 'Whether the sentences imposed were individually and in total manifestly excessive.']

Ratio Decidendi

The sentencing judge's assessment that the applicant's dealing was slightly above street level was open on the agreed facts; her treatment of institutionalisation did not disclose error and special circumstances were found; partial accumulation was open and no exceptional circumstances justified departing from the concession made below; no procedural unfairness occurred because the judge's indication came after both parties had made submissions; and the sentences were not outside the range of the sentencing discretion. Leave was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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