Regina v Chen [2000] NSWCCA 267

Regina v Chen [2000] NSWCCA 267

The sentencing judge expressly had regard to s16G of the Commonwealth Crimes Act, any departure from an approximate one third allowance for absence of remissions was not substantial in the circumstances, and the recognisance release order after twelve months was within the sentencing discretion having regard to the seriousness of the applicant's involvement. No error warranting appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Appeal Against Severity of Sentence Imposed in the District Court
Outcome
Application for leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['conspiracy to Bring Non Citizens to Australia' 'severity of Sentence' 'commonwealth Sentencing' 'absence of Remissions' 'recognisance Release Order' 'forfeiture of Vessel']
['criminal Law and Procedure' 'sentencing' 'migration Offences'] ['conspiracy to Bring Non Citizens to Australia' 'severity of Sentence' 'commonwealth Sentencing' 'absence of Remissions' 'recognisance Release Order' 'forfeiture of Vessel']

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Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Appeal Against Severity of Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred in applying s16G of the Commonwealth Crimes Act by failing to reduce the sentence sufficiently for the absence of remissions in New South Wales.' 'Whether the recognisance release order requiring service of twelve months of a fifteen month sentence was outside the proper exercise of sentencing discretion.' "Whether the sentence imposed for the applicant's role in a serious conspiracy to bring unlawful immigrants into Australia was manifestly excessive."]

Ratio Decidendi

The sentencing judge expressly had regard to s16G of the Commonwealth Crimes Act, any departure from an approximate one third allowance for absence of remissions was not substantial in the circumstances, and the recognisance release order after twelve months was within the sentencing discretion having regard to the seriousness of the applicant's involvement. No error warranting appellate intervention was shown.

Court Disposition

Application for leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Application for leave to appeal against sentence granted.' 'Appeal dismissed.']