NSW Caselaw
Reported Decision : 48 NSWLR 340 108 A Crim R 531
New South Wales Court of Criminal Appeal CITATION : REGINA v WONG & LEUNG [1999] NSWCCA 420 FILE NUMBER(S) : CCA 60834/98; 60069/99; 60068/99 HEARING DATE(S) : 30 July 1999 JUDGMENT DATE : 16 December 1999
REGINA PARTIES : Nelson Tak Fat WONG Jackie Kai Chu LEUNG JUDGMENT OF : Spigelman CJ at 1; Mason P at 187; Simpson J at 188; Sperling J at 194; Barr J at 195
LOWER COURT JURISDICTION : District Court 98/11/0132 LOWER COURT FILE NUMBER(S) : 98/11/0134 LOWER COURT JUDICIAL OFFICER : Davidson DCJ
P Byrne SC (Wong) COUNSEL : G D Wendler (Leung) P S Hastings QC / F A Veltro (Crown) J Basten QC (Cth Attorney-General) M G Sexton QC (NSW Attorney General) Hovan & Co (Wong) SOLICITORS : Van Houten (Leung) Commonwealth DPP (Crown) I V Knight (NSW Attorney General) CATCHWORDS : CRIMINAL LAW - particular offences - drug offences - drug importation, s233B Customs Act 1901 (Cth) - heroin and cocaine; CRIMINAL LAW - SENTENCING - sentencing guidelines - jurisdiction of appellate court to issue guidelines - exercise of federal judicial power - "matter" within s75 and s76 of the Commonwealth Constitution - alleged inconsistency with s16A of the Crimes Act 1914 (Cth); CRIMINAL LAW - SENTENCING - sentencing guidelines - difference of approach within the Court of Criminal Appeal - Ferrer-Esis guideline - correctness of Bernier - sentencing statistics - no pattern of inconsistency or manifest inadequacy - prevalence of the offence - objective of general deterrence ; CRIMINAL LAW - SENTENCING - sentencing guidelines - objective seriousness of the offence - quantity of the drug - role of the accused in the criminal organisation - type of guideline - structured by reference to quantum - 'bottom up' guideline - mitigating factors - assistance to authorities - plea of guilty - guideline applicable to couriers and persons low in hierarchy of the organisation; CRIMINAL LAW - SENTENCING - crown and severity appeals - considerations of parity - delay in the institution of Crown appeal Customs Act 1901 (Cth) Crimes Act 1914 (Cth) ACTS CITED : Criminal Appeal Act 1912 (NSW) Family Law Act 1975 (Cth) Criminal Code (Qld) Supreme Court Rules 1970 (NSW) DECISION : Crown Appeals Upheld
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate