Cao v Regina [2010] NSWCCA 109

Cao v Regina [2010] NSWCCA 109

It was open to the sentencing judge to reject the applicant's evidence regarding duress based on credibility. The sentences imposed for serious and centrally-involved offending, with proper consideration of subjective features and general deterrence, were not manifestly excessive.

Parties
Applicant: Ying Cao; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Criminal Appeal / Application for Leave and Appeal Against Sentence
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentence, Evidence, Credibility, Prior Inconsistent Statements, Failure to Put Matters to Witness, Findings of Fact, Assessment of Objective Seriousness, Weight to Subjective Features
Criminal Law Sentence Evidence Credibility Prior Inconsistent Statements Failure to Put Matters to Witness Findings of Fact Assessment of Objective Seriousness +1 more

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Parties

Ying Cao

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application for Leave and Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in rejecting the applicant's evidence of duress as explanation for offending
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

It was open to the sentencing judge to reject the applicant's evidence regarding duress based on credibility. The sentences imposed for serious and centrally-involved offending, with proper consideration of subjective features and general deterrence, were not manifestly excessive.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.