NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Xiao Feng WANG v R [2009] NSWCCA 223
HEARING DATE(S): 30 June 2009
JUDGMENT DATE: 10 September 2009
JUDGMENT OF: Giles JA at 1; Hidden J at 2; McCallum J at 39
DECISION: Leave to appeal granted, appeal allowed, sentence passed in District Court quashed. In lieu, applicant sentenced to imprisonment for 16 years comprising a non-parole period of 12 years, commencing on 12 July 2005 and expiring on 11 July 2017, and a balance of term of 4 years, commencing on 12 July 2017 and expiring on 11 July 2021.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - supply of large commercial quantity of ecstasy - sentencing judge's approach to standard non-parole period - whether finding of mid range objective gravity open - whether sentence manifestly excessive
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CATEGORY: Principal judgment
R v Way [2004] NSWCCA 131, 60 NSWLR 168 R v Deng [2007] NSWCCA 216, 176 A Crim R 1 R v Knight & Biuvanua [2007] NSWCCA 283, 176 A Crim R 338 Edwards v R [2008] NSWCCA 281 CASES CITED : R v Stankovic [2006] NSWCCA 229 R v Stricke [2007] NSWCCA 179 R v Gao & Lim [2007] NSWCCA 343 R v Thompson [2005] NSWCCA 340, 156 A Crim R 467 R v Nikolic [2007] NSWCCA 232 Sukkar v R [2007] NSWCCA 298
PARTIES: Xiao Feng WANG (Applicant) REGINA (Respondent Crown)
FILE NUMBER(S): CCA 2006/5195
COUNSEL: P Boulten SC & M Pickin (Applicant) P Leask (Respondent Crown)
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