Tan v R [2013] NSWCCA 164

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tan v R [2013] NSWCCA 164 Hearing dates: 26 April 2013 Decision date: 01 July 2013 Before: Hoeben CJ at CL at 1 Latham J at 2 Barr AJ at 31 Decision: 1. Leave to appeal granted 2. Appeal allowed 3. The sentence imposed on 27 April 2012 is quashed 4. In lieu a non-parole period of two (2) years and two (2) months is imposed commencing 3 June 2011 expiring 2 August 2013. The balance of term is ten (10) months expiring 2 June 2014. The applicant is to be released on 3 August 2013. Catchwords: CRIMINAL LAW - leave to appeal against sentence - offence of cultivate not less than a commercial quantity of prohibited plant - whether sentence manifestly excessive - whether sentence within appropriate range - significant remorse demonstrated - reference to previous cases and statistics of some utility - starting point of sentence outside appropriate range - leave to appeal granted - appeal allowed Legislation Cited: Drug Misuse and Trafficking Act 1985 Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Hili v The Queen ; Jones v The Queen [2010] HCA 45 Hili v The Queen ; Jones v The Queen [2010] HCA 45 Jones v The Queen [2010] HCA 45 Markarian v R [2005] HCA 25 Nguyen v R [2012] NSWCCA 42 Papworth v R [2011] NSWCCA 253 Pham v R [2009] NSWCCA 266 R v Daoulas NSWCCA (28 October 1993) R v Godden [2005] NSWCCA 160 Category: Principal judgment Parties: Kim Kwei Tan - Applicant Regina - Crown Respondent Representation: Counsel G Brady / J Lee - Applicant J Baly - Crown Solicitors Legal Aid NSW - Applicant Solicitor for Public Prosecutions - Crown Respondent File Number(s): 2011/184097 Decision under appeal Date of Decision: 2012-04-27 00:00:00 Before: Syme DCJ File Number(s): 2011/184097