Regina v Vi Cuong Tu [1999] NSWCCA 357

Regina v Vi Cuong Tu [1999] NSWCCA 357

Having regard to the applicant's role as no more than a minder, his subjective circumstances, and the need for a greater s 16G reduction, the original sentence was too severe; the appropriate head sentence was six years with a non-parole period of four years.

Jurisdiction
Australia
Judgment Date
22 October 1999
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Sentence in the NSW Court of Criminal Appeal
Outcome
Application granted; appeal against sentence allowed; sentences imposed below quashed; sentence reduced to six years imprisonment with a non-parole period of four years.
Legal Topics
['possession of Heroin' 'excessive Sentence' 'section 16 G Reduction' 'non Parole Period']
['criminal Law' 'sentencing'] ['possession of Heroin' 'excessive Sentence' 'section 16 G Reduction' 'non Parole Period']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Against Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed in the District Court for possession of heroin was too severe.' "Whether the sentencing judge's starting point was too high." 'Whether the reduction under s 16G of the Crimes Act 1914 (Commonwealth) should have been greater.']

Ratio Decidendi

Having regard to the applicant's role as no more than a minder, his subjective circumstances, and the need for a greater s 16G reduction, the original sentence was too severe; the appropriate head sentence was six years with a non-parole period of four years.

Court Disposition

Application granted; appeal against sentence allowed; sentences imposed below quashed; sentence reduced to six years imprisonment with a non-parole period of four years.

Orders

  • ['Application is granted.' 'The appeal against sentence is allowed.' 'The sentences imposed below are quashed.' 'The term of imprisonment be six years commencing 21 March 1997 and expiring on 20 March 2003.' 'The non-parole period be four years commencing on 21 March 1997 and expiring on 20 March 2001.']