Qin v R [2022] NSWCCA 137

Qin v R [2022] NSWCCA 137

The effect of the sentence imposed by Culver DCJ was to result in a manifestly excessive sentence by not giving effect, in the total effective sentence, to the findings of special circumstances. The appeal should be upheld to allow the aggregate sentence to commence earlier in order to reflect the finding of special circumstances in the total effective sentence.

Parties
Applicant: Yuchao Qin; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Criminal Appeal / Leave to Appeal and Rehearing of Sentence
Outcome
Appeal upheld. Sentence quashed. Aggregate sentence (non-parole period of 10 years 8 months and additional term of 5 years 4 months) imposed from 20 February 2017.
Legal Topics
Sentencing, Appeal Against Sentence, Totality Principle, Special Circumstances, Drug Offences
Criminal Law Sentencing Appeal Against Sentence Totality Principle Special Circumstances Drug Offences

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Parties

Yuchao Qin

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Rehearing of Sentence

Legal Issues

  1. 1 Whether the sentence imposed failed to properly take into account totality and accumulation upon the applicant's previous sentence
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The effect of the sentence imposed by Culver DCJ was to result in a manifestly excessive sentence by not giving effect, in the total effective sentence, to the findings of special circumstances. The appeal should be upheld to allow the aggregate sentence to commence earlier in order to reflect the finding of special circumstances in the total effective sentence.

Court Disposition

Appeal upheld. Sentence quashed. Aggregate sentence (non-parole period of 10 years 8 months and additional term of 5 years 4 months) imposed from 20 February 2017.

Orders

  • Grant leave to appeal.
  • Appeal upheld.