NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Dang [2004] NSWCCA 269 HEARING DATE(S) : 30/07/04 JUDGMENT DATE : 30 July 2004
JUDGMENT OF : Spigelman CJ at 1; Hidden J at 2; Buddin J at 17 DECISION : Leave to appeal granted, appeal dismissed.
CATCHWORDS : CRIMINAL LAW: Application for leave to appeal against sentence - importing trafficable quantity of heroin - repeal of s16G Crimes Act (Cth) - sentencing judge's approach to appropriate starting point - discount for plea of guilty, assistance to authorities - whether, in any event, sentence excessive. Crimes Act 1914 (C'th) LEGISLATION CITED : Criminal Appeal Act 1912 (NSW) Customs Act 1901 (C'th) R v Bernier (1998) 102 ACrimR 44 at 49 CASES CITED : R v Kevenaar & Ors [2004] NSWCCA 210 R v Studenikin [2004] NSWCCA 164 The Queen v El-Hani [2004] NSWCCA 162 PARTIES : Van Ich Dang - Applicant Crown - Respondent FILE NUMBER(S) : CCA 60137/04 COUNSEL : A Francis - Applicant MM Cinque - Respondent SOLICITORS : S O'Connor, Legal Aid Commission - Applicant Commonwealth Director of Public Prosecutions - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/1255 FILE NUMBER(S) : LOWER COURT Bell DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60137/04
SPIGELMAN CJ HIDDEN J BUDDIN J
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