Regina v Dang [2004] NSWCCA 269

Regina v Dang [2004] NSWCCA 269

The sentencing judge did not err in his approach to determining sentence after s16G repeal; the sentence and discounts applied were consistent with authority, and no other sentence was warranted.

Parties
Applicant: Van Ich Dang; Respondent: Crown
Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
Importing Prohibited Drugs, Sentencing, Discount for Plea of Guilty, Assistance to Authorities, Repeal of S16 G Crimes Act (c'th)
Criminal Law Importing Prohibited Drugs Sentencing Discount for Plea of Guilty Assistance to Authorities Repeal of S16 G Crimes Act (c'th)

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Parties

Van Ich Dang

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge erred in approach to starting point after repeal of s16G Crimes Act (C'th)
  2. 2 Whether sentence was excessive even with discounts for plea of guilty and assistance
  3. 3 Whether mathematical approach to sentencing adjustment was impermissible

Ratio Decidendi

The sentencing judge did not err in his approach to determining sentence after s16G repeal; the sentence and discounts applied were consistent with authority, and no other sentence was warranted.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed