Zhao v R [2016] NSWCCA 179

Leave to appeal against sentence should be refused because no specific error or misapplication of principle was shown in the sentencing discretion, the three-year custodial sentence was within the judge's discretion, and the grounds asserted do not disclose appealable error.

Jurisdiction: Australia
Judgment Date: 19 August 2016
Procedural Posture: Criminal Appeal / Application for Extension of Time and for Leave to Appeal Against Sentence
Outcome: Leave to appeal against sentence refused; extension of time granted
Legal Topics: ['fraud' 'sentencing' 'appeal Against Sentence' 'extension of Time' 'special Circumstances in Sentencing']

['criminal Law'] ['fraud' 'sentencing' 'appeal Against Sentence' 'extension of Time' 'special Circumstances in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time and for Leave to Appeal Against Sentence

Legal Issues

1 ['Whether extension of time for filing application for leave to appeal against sentence should be granted' 'Whether leave to appeal against sentence should be granted' 'Whether sentencing judge erred by not imposing an Intensive Correction Order' 'Whether insufficient weight was given to special circumstances, first time custody, separation from child, or guilty plea']

Ratio Decidendi

Court Disposition

Leave to appeal against sentence refused; extension of time granted

Orders

['Extension of time for filing application for leave to appeal to 4 March 2016' 'Refuse leave to appeal against sentence']