NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Chang v Regina [2006] NSWCCA 409
HEARING DATE(S): 16/11/2006
JUDGMENT DATE: 21 December 2006
JUDGMENT OF: McClellan CJ at CL at 1; Hidden J at 2; Hislop J at 20
DECISION: Leave to appeal granted, appeal allowed - sentences in District Court affirmed but sentence on second charge to commence on 6 August 2006. Applicant eligible for release on parole on 6 November 2008
CATCHWORDS: CRIMINAL LAW: - application for leave to appeal against sentence - supplying heroin, aggravated break and enter and commit serious indictable offence - separate incidents - delay in prosecution of supply charge - accumulation of sentences - totality - whether aggregate sentence excessive
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
R v Todd [1982] 2 NSWLR 517 R v Holyoak (1995) 82 A Crim R 502 CASES CITED: Pearce v The Queen (1998) 194 CLR 610 Mill v The Queen (1998) 166 CLR 59 Johnson v The Queen [2004] HCA 15
PARTIES: Chun Sang Chang (applicant) Regina (respondent)
FILE NUMBER(S): CCA 2006/2056
COUNSEL: G Jones (applicant) J Dwyer (Crown)
SOLICITORS: Philip Sim & Associates (applicant) Solicitor for Public Prosecutions (respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/0155 05/21/0108
LOWER COURT JUDICIAL OFFICER: Marien DCJ
IN THE COURT OF CRIMINAL APPEAL 2006/2056
MCCLELLAN CJ at CL HIDDEN J HISLOP J
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