Qin v R [2022] NSWCCA 137

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Qin v R [2022] NSWCCA 137 Hearing dates: 13 April 2022 Date of orders: 29 June 2022 Decision date: 29 June 2022 Before: Brereton JA at [1] Garling J at [2] Hamill J at [59] Decision: (1) Grant leave to appeal. (2) Appeal upheld. (3) Quash the sentence imposed by Culver DCJ on 25 March 2020. (4) In lieu of that sentence, impose an aggregate sentence with a non-parole period of 10 years and 8 months and an additional term of 5 years and 4 months to commence on 20 February 2017. (5) The non-parole period for that sentence will expire on 19 October 2027. Catchwords: SENTENCING — appeal against sentence — subjective considerations on sentence — finding by sentencing judge of special circumstances — finding not reflected in total effective sentence — appeal allowed Legislation Cited: Drug Misuse and Trafficking Act 1985 ss 24(2), 25(2) Crimes Act 1900 s 93T(1) Crimes (Sentencing Procedure) Act 1999 ss 44, 53A(2) Criminal Code (Cth) s 307.12(1) Cases Cited: Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Z v R [2014] NSWCCA 323 Texts Cited: Not applicable Category: Principal judgment Parties: Yuchao Qin (App) The Crown (Resp) Representation: Counsel: S Kluss (App) E Nicholson (Resp)