HAN, Zhi Qiang v R [2009] NSWCCA 300

HAN, Zhi Qiang v R [2009] NSWCCA 300

The sentence imposed was not manifestly excessive when assessed against the maximum penalty, the seriousness of the conduct, and relevant sentencing principles, notwithstanding that it was heavier than the median sentence indicated in statistics. The application of sentencing principles and consideration of the...

Source-derived case information.

Parties
Applicant: Zhi Qiang Han; Respondent: Regina
Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed; leave to appeal granted
Legal Topics
Manifest Excess, Sentencing Principles, Equality Before the Law, Use of Statistics in Sentencing, Parity Between Offenders, Consistency in Sentencing
Criminal Law Manifest Excess Sentencing Principles Equality Before the Law Use of Statistics in Sentencing Parity Between Offenders Consistency in Sentencing

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Parties

Zhi Qiang Han

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether parity principle was correctly applied
  3. 3 Whether statistics should determine sentencing range rather than sentencing principles

Ratio Decidendi

The sentence imposed was not manifestly excessive when assessed against the maximum penalty, the seriousness of the conduct, and relevant sentencing principles, notwithstanding that it was heavier than the median sentence indicated in statistics. The application of sentencing principles and consideration of the facts, rather than strict adherence to statistics, determined appropriateness of the sentence. The appeal was dismissed as the sentence fell within the available range for the offending.

Court Disposition

Appeal dismissed; leave to appeal granted

Orders

  • Leave to appeal the sentence imposed by Judge Knox SC on 23 March 2009 be granted
  • Appeal be dismissed