PHAN, Thanh Dinh v R [2013] NSWCCA 49

PHAN, Thanh Dinh v R [2013] NSWCCA 49

The sentencing judge, in the structuring and cumulation of sentences and non-parole period, made no error; the overall non-parole period was within proper discretion, and the applicant was left with a substantial period of parole eligibility.

Parties
Applicant: Thanh Dinh Phan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
05 March 2013
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal Decision
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
Sentence Appeal, Importation of Pseudoephedrine, Accumulated Sentences, Totality Principle, Non Parole Period
Criminal Law Sentence Appeal Importation of Pseudoephedrine Accumulated Sentences Totality Principle Non Parole Period

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Parties

Thanh Dinh Phan

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether the sentencing judge erred in determining the non-parole period by creating an excessive aggregate non-parole period when accumulating sentences upon existing sentences

Ratio Decidendi

The sentencing judge, in the structuring and cumulation of sentences and non-parole period, made no error; the overall non-parole period was within proper discretion, and the applicant was left with a substantial period of parole eligibility.

Court Disposition

Leave to appeal granted, appeal dismissed.