Qian v R [2012] NSWCCA 283

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Qian v R [2012] NSWCCA 283 Hearing dates: 6 September 2012 Decision date: 20 December 2012 Before: Simpson J at [1]; McCallum J at [45]; Bellew J at [46] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentences - pleas of guilty - robbery whilst armed with offensive weapon, inflicting grievous bodily harm - robbery whilst armed with offensive weapon, causing wounding - aggravated detain person for advantage (in company) - robbery whilst armed with offensive weapon - Form 1 offences - dishonestly obtaining money - carried in a conveyance taken without the consent of the owner - approach to standard non-parole period after Muldrock v The Queen [2011] HCA 39; 244 CLR 120 - whether undue emphasis on standard non-parole period - no error in approach to use of standard non-parole period - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bolt v R [2012] NSWCCA 50 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Henry [1999] NSWCCA 111; 46 NSWLR 346 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Category: Principal judgment Parties: Jiang Qian (Applicant) Regina (Respondent) Representation: Counsel: N J Parsons (Applicant) R Herps (Respondent) Solicitors: David H Cohen (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent) File Number(s): 2009/56365; 2009/76003; 2009/127694 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-03-16 00:00:00 Before: Sides DCJ File Number(s): 2009/56365; 2009/76003; 2009/127694