R v Quoc Phong Dang [2004] NSWCCA 265

R v Quoc Phong Dang [2004] NSWCCA 265

Given the applicant's role exceeded that of a mere courier and the amount of heroin, the sentence of seven and a half years with a five-year non-parole period was not manifestly excessive nor outside established practice, particularly after considering the repeal of s 16G and relevant High Court and appellate authority.

Jurisdiction
Australia
Judgment Date
28 July 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'attempting to Possess Prohibited Imports' 'heroin' 'manifest Excessiveness of Sentence']
['criminal Law'] ['sentencing' 'attempting to Possess Prohibited Imports' 'heroin' 'manifest Excessiveness of Sentence']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the head sentence and non-parole period for attempting to possess a trafficable quantity of heroin were manifestly excessive']

Ratio Decidendi

Given the applicant's role exceeded that of a mere courier and the amount of heroin, the sentence of seven and a half years with a five-year non-parole period was not manifestly excessive nor outside established practice, particularly after considering the repeal of s 16G and relevant High Court and appellate authority.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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