Seng v Regina [2007] NSWCCA 335

Seng v Regina [2007] NSWCCA 335

The Court found that the parts played by Seng and Eir were materially different; Eir participated for significant reward and facilitated Seng’s involvement. The sentencing judge failed to differentiate sufficiently in non-parole periods, resulting in a miscarriage of sentencing discretion.

Parties
Appellant: Piseth Seng; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 December 2007
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
Sentence quashed. Applicant re-sentenced.
Legal Topics
Sentencing, Parity, Drug Importation
Criminal Law Sentencing Parity Drug Importation

Case Brief

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Parties

Piseth Seng

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 Whether the sentencing principles of parity were offended between co-offenders in drug importation involving different parts played and benefits obtained.

Ratio Decidendi

The Court found that the parts played by Seng and Eir were materially different; Eir participated for significant reward and facilitated Seng’s involvement. The sentencing judge failed to differentiate sufficiently in non-parole periods, resulting in a miscarriage of sentencing discretion.

Court Disposition

Sentence quashed. Applicant re-sentenced.

Orders

  • Sentence of 5 years imprisonment commencing 2 September 2006 with a non-parole period of 2 years 6 months imposed in lieu.
  • Applicant eligible for parole on 1 March 2009.