Ly v The Queen [2014] FCAFC 175

Ly v The Queen [2014] FCAFC 175

No specific error was made by the sentencing judge in factual findings, application of legal principles, or exercise of discretion. The sentences imposed were within the available range for such offending, considering the representative nature of the charges and the applicant’s prior convictions. Procedural fairness was not denied, and the finding on motivation was open to the judge.

Parties
Applicant/appellant: Phong Ly; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence (final Disposition)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Copyright Offences, Trade Marks Offences, Federal Jurisdiction, Representative Charges, Procedural Fairness
Criminal Law Intellectual Property Law Sentencing Copyright Offences Trade Marks Offences Federal Jurisdiction Representative Charges Procedural Fairness

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Parties

Phong Ly

Applicant/appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (final Disposition)

Legal Issues

  1. 1 Whether the sentencing judge erred in factual findings related to the quantity and nature of infringing discs
  2. 2 Whether the sentencing judge breached The Queen v De Simoni principle
  3. 3 Whether procedural fairness was denied regarding findings on motivation ('greed, not need')

Ratio Decidendi

No specific error was made by the sentencing judge in factual findings, application of legal principles, or exercise of discretion. The sentences imposed were within the available range for such offending, considering the representative nature of the charges and the applicant’s prior convictions. Procedural fairness was not denied, and the finding on motivation was open to the judge.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Time for filing an application for an extension of time seeking leave to appeal extended.
  • Leave granted to appeal from the judgment of Judge Maidment, County Court of Victoria, given 13 August 2014.