NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TYN v R [2009] NSWCCA 146
HEARING DATE(S): 5 May 2009
JUDGMENT DATE: 15 May 2009
JUDGMENT OF: Spigelman CJ at 1; James J at 2; Simpson J at 3
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Particular offences - drug offences - importation of marketable quantity of border controlled drug - appeal against sentence - whether notional starting point of sentence manifestly excessive - leave to appeal granted, appeal dismissed
Criminal Code Act 1995 (Cth) LEGISLATION CITED: Crimes Act 1914 (Cth) Customs Act 1901 (Cth)
CATEGORY: Principal judgment
Mirza v R [2007] NSWCCA 257 R v A [2004] NSWCCA 292 R v Dang [2004] NSWCCA 269 R v El Hani [2004] NSWCCA 162 R v Ogochukwu [2004] NSWCCA 473 CASES CITED : R v Pham [2005] NSWCCA 314 R v Studenikin [2004] NSWCCA 164; (2004) 60 R v SZ [2007] NSWCCA 19 R v Wong & Leung [1999] NSWCCA 420; (1999) 48 NSWLR 340 Rutkowskyj v R [2008] NSWCCA 10 Wong v The Queen; Leung v The Queen [2001] HCA 64; (2001) 207 CLR 584 NSWLR 1
PARTIES: TYN (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/16377
COUNSEL: M Dennis (Applicant) W Abraham QC (Respondent)
SOLICITORS: Legal Aid Commission (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0113
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