R v VO [2000] NSWCCA 440

R v VO [2000] NSWCCA 440

The sentencing judge was entitled to reject the applicant's evidence that her role was limited or coerced and to find, on the objective evidence, that she knowingly and voluntarily played a crucial role in the importation from an early stage. Those findings, including that she was more involved than Ung and expected significant financial gain for herself and Than To, were open on the evidence. The judge did not impose additional punishment for lying or minimising, did not err in principle about drug quantity, and the sentence of twenty-two years with a fourteen-year non-parole period fell within the legitimate range for participation in the importation of a vast quantity of heroin.

Jurisdiction
Australia
Judgment Date
06 October 2000
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['importation of Prohibited Drugs' 'heroin' 'severity Appeal' 'parity Between Co Offenders' 'sentencing Fact Finding' 'general Deterrence']
['criminal Law' 'sentencing'] ['importation of Prohibited Drugs' 'heroin' 'severity Appeal' 'parity Between Co Offenders' 'sentencing Fact Finding' 'general Deterrence']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Leave to Appeal Granted; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred by sentencing the applicant on the basis that she had minimised her role when giving evidence on sentence.' "Whether the sentencing judge incorrectly assessed the applicant's role relative to that of Ung." 'Whether the sentencing judge erred by sentencing the applicant on the basis that she acted out of greed or for financial gain.' 'Whether the sentencing judge erred by sentencing the applicant on the basis that she knew that an enormous amount of heroin was being imported.' 'Whether the sentence was outside the legitimate sentencing range or produced unjustified disparity with co-offenders.']

Ratio Decidendi

The sentencing judge was entitled to reject the applicant's evidence that her role was limited or coerced and to find, on the objective evidence, that she knowingly and voluntarily played a crucial role in the importation from an early stage. Those findings, including that she was more involved than Ung and expected significant financial gain for herself and Than To, were open on the evidence. The judge did not impose additional punishment for lying or minimising, did not err in principle about drug quantity, and the sentence of twenty-two years with a fourteen-year non-parole period fell within the legitimate range for participation in the importation of a vast quantity of heroin.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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