NSW Caselaw
New South Wales Court of Criminal Appeal
Regina v Dang [2005] NSWCCA 430 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 28/11/2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: Studdert J at 1; Whealy J at 2; Howie J at 3
DECISION: Appeal is allowed, the sentence imposed in the District Court quashed and the Respondent is sentenced to a non-parole period of imprisonment for 5 years to date drom 9 September 2004 and to expire on 8 September 2009. There is to be a balance of the term of 4 years to expire on 8 September 2013.
CATCHWORDS: Criminal Law - Crown appeal against sentence - supply commercial quantity of cocaine - relevance of standard non-parole period after plea of guilty - whether offence is mid range of seriousness - sentence manifestly inadequate - respondent resentenced.
Criminal Appeal Act 1912 - s 5D Drug Misuse and Trafficking Act 1985 - s 25(2) LEGISLATION CITED: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999 - ss 10, 21A(2)(j), 54B, Div 1A Pt 1
R v Way (2004) 60 NSWLR 168 R v AJP (2004) 150 A Crim R 575 R v Mills [2005] NSWCCA 175 CASES CITED: R v Shi [2004] NSWCCA 135 R v Nai Poon (2003) 56 NSWLR 284 R v Neale (2004) 148 A Crim R 493 Wong v The Queen (2001) 207 CLR 584
PARTIES: Regina v Ngoc Hiep Dang
FILE NUMBER(S): CCA 2005/1346
W. Dawe SC - Crown COUNSEL: T. Game SC - Respondent
S. Kavanagh - Crown SOLICITORS: Kings Lawyers - Respondent
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