Regina v Wong [2003] NSWCCA 247

New South Wales Court of Criminal Appeal

CITATION : Regina v Wong [2003] NSWCCA 247 HEARING DATE(S) : 03/09/03 JUDGMENT DATE : 12 September 2003

JUDGMENT OF : Meagher JA at 1; Sully J at 6; Kirby J at 9 DECISION : By Majority: Leave to appeal granted. Appeal dismissed.

CATCHWORDS : Criminal Practice & Procedure - parity - comparison with ring leader who was child - comparison with adult LEGISLATION CITED : Crimes Act 1900 Children (Criminal Proceedings) Act 1987 R v WKR (1993) 32 NSWLR 447 R v Olbrich (1999) 199 CLR 270 CASES CITED : R v Boney [2001] NSWCCA 432 R v Diamond (NSW, CCA, 18.2.93) Lowe v The Queen 154 CLR 606 Postiglione v The Queen (1997) 189 CLR 295 PARTIES : Regina Man Kam Wong FILE NUMBER(S) : CCA 60266/03 COUNSEL : P Miller (Crown) R Sutherland SC (App) SOLICITORS : C K Smith (Crown) K Lo (App)

LOWER COURT District Court JURISDICTION : LOWER COURT 02/21/0230 FILE NUMBER(S) : LOWER COURT Bellear DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60266/03

MEAGHER JA SULLY J KIRBY J

Friday 12 September 2003 REGINA v MAN KAM WONG Judgment

1 MEAGHER JA: The facts are appropriately set out in the judgment of Kirby J, which I have read. However, with regret, I am unable to agree with it. 2 The crucial fact in the case is that the appellant, in company with other little thugs, was engaged in the group-terrorising of innocent shopkeepers in the Parramatta area. The way they did it, by demanding protection money and enforcing such demands by violence, is reminiscent of the behaviour of the Nazi thugs in Berlin in the thirties, or of Mafia groups in modern Sicily. If civilised democracy is to survive in this country, such behaviour must be suppressed. The first step to do so is to impose very heavy prison sentences on those who glory in it. 3 In the present case, a magistrate, recreant to her duty, imposed a ridiculously light sentence on one of these thugs. Then Bellear DCJ imposed on another of them a sentence which was only slightly less ridiculous. Then his Honour Bellear DCJ sentenced the present applicant to sentences which totalled two years 6 months, with a non-parole period of one year six months. Now, if you please, he appeals to this Court on the ground that the sentence is too severe, whereas there should have been a Crown appeal on the ground that the sentence was too lenient. 4 In these circumstances it has seemed desirable to Kirby J to accede to the application, disregarding any justified sense of grievance the shopkeeper victims might have felt. His Honour should have dismissed the appeal. 5 I would grant leave to appeal and dismiss the appeal.