Ping He v R [2018] NSWCCA 123

Ping He v R [2018] NSWCCA 123

The sentencing judge did give effect to the applicant's favourable subjective circumstances in the aggregate sentence. Although the applicant and James Zhu received the same aggregate sentence, that equivalence was reasonably explained by the applicant's additional Form 1 drug offences, which called for greater punishment, offset by greater subjective mitigation. The applicant therefore had no justifiable sense of grievance and no less severe sentence was warranted.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court of New South Wales
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dealing With Proceeds of Crime' 'subjective Circumstances' 'parity Principle' 'form 1 Offences' 'aggregate Sentence' 'indicative Sentences']
['criminal Law' 'sentencing' 'criminal Appeals'] ['dealing With Proceeds of Crime' 'subjective Circumstances' 'parity Principle' 'form 1 Offences' 'aggregate Sentence' 'indicative Sentences']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against an Aggregate Sentence Imposed in the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give effect to findings made on the applicant's subjective case." 'Whether the applicant had a justifiable sense of grievance in light of the sentence imposed upon the co-offender James Zhu.' "Whether equal aggregate sentences for the applicant and James Zhu were reasonably explained by differences including the applicant's Form 1 drug offences."]

Ratio Decidendi

The sentencing judge did give effect to the applicant's favourable subjective circumstances in the aggregate sentence. Although the applicant and James Zhu received the same aggregate sentence, that equivalence was reasonably explained by the applicant's additional Form 1 drug offences, which called for greater punishment, offset by greater subjective mitigation. The applicant therefore had no justifiable sense of grievance and no less severe sentence was warranted.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']