Tan v R [2014] NSWCCA 96

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tan v R [2014] NSWCCA 96 Hearing dates: 9 May 2014 Decision date: 27 May 2014 Before: Leeming JA at [1]; Fullerton J at [2]; R A Hulme J at [3] Decision: Extension of time in which to apply for leave to appeal against sentence refused Catchwords: CRIMINAL LAW - application for extension of time to appeal against sentence - Muldrock error conceded - no error in finding that offence was in mid-range of objective seriousness - relevance of aggravating factors of organised criminal activity and harm to the community - no justifiable sense of grievance in sentence disparity - no lesser sentence warranted - extension of time to appeal refused Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) Cases Cited: Caristo v R [2011] NSWCCA 7 England v R; Phanith v R [2009] NSWCCA 274 Mansour v R [2011] NSWCCA 28 Mulato v R [2006] NSWCCA 282 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 R v Swan [2006] NSWCCA 47 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Category: Principal judgment Parties: Chin Lai Tan (Applicant) Regina (Respondent) Representation: Counsel: Mr H White (Applicant) Ms V Lydiard (Crown) Solicitors: Dignan & Hanrahan Solicitor for Public Prosecutions File Number(s): 2009/152107 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-06-11 00:00:00 Before: Bennett SC DCJ File Number(s): 2009/152107