NSW Caselaw
Reported Decision: 169 A Crim R 60
New South Wales Court of Criminal Appeal
CITATION: R v MO [2007] NSWCCA 61
HEARING DATE(S): 26 September 2006
JUDGMENT DATE: 9 March 2007
JUDGMENT OF: Sully J at 1; Barr J at 10; Adams J at 14
DECISION: (i) appeal allowed and sentence quashed; (ii) substitute a head sentence of thirteen years and two months commencing on 12 May 2005 and ending on 11 July 2018, with a non-parole period of eight years and eight months ending on 11 January 2014, which is the earliest date upon which the respondent is eligible for release on parole.
CATCHWORDS: Crown appeal - substantial importation of heroin - proper approach to expression of discounts in sentence
LEGISLATION CITED: Crimes Act 1914 (Cth) s21E Crimes (Sentencing Procedure) Act 1999 s23
Markarian v The Queen (2005) 215 ALR 213, [2005] HCA 25. R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v Thomson; R v Houlton [2000] NSWCCA 309, (2000) 49 NSWLR 383 R v Wong & Leung (1999) 49 NSWLR 340 R v Z [2006] NSWCCA 342
Regina (Appellant) PARTIES: Wai Hong MO (Respondent)
FILE NUMBER(S): CCA 2006/1449
COUNSEL: Ms W J Abraham QC with Mr L K Crowley (Appellant) Mr M Johnston (Respondent)
SOLICITORS: Commonwealth Director of Public Prosecutions (Appellant) Legal Aid Commission (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0878
LOWER COURT JUDICIAL OFFICER: Berman SC DCJ
LOWER COURT DATE OF DECISION: 12 May 2006
IN THE COURT OF CRIMINAL APPEAL 2006/1508
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