Zhang v R [2018] NSWCCA 82

Zhang v R [2018] NSWCCA 82

There were sufficient indicia that the sentencing judge considered and applied an appropriate discount for the applicant's early plea of guilty, including references in the sentencing proceedings and mathematical neatness in the sentence imposed. No error was demonstrated in the assessment of remorse or contrition, and accordingly, leave to appeal was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'supply of Prohibited Drug' 'discount for Plea of Guilty' 'mitigation' 'remorse and Contrition']
['criminal Law'] ['sentence Appeal' 'supply of Prohibited Drug' 'discount for Plea of Guilty' 'mitigation' 'remorse and Contrition']

Case Brief

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Procedural Posture

Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether sentencing judge failed to note and take into account the plea of guilty' 'Whether sentence was excessively severe' 'Whether explanation pursuant to s 11 of Criminal Appeal Act 1912 appropriate']

Ratio Decidendi

There were sufficient indicia that the sentencing judge considered and applied an appropriate discount for the applicant's early plea of guilty, including references in the sentencing proceedings and mathematical neatness in the sentence imposed. No error was demonstrated in the assessment of remorse or contrition, and accordingly, leave to appeal was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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