Wang v R [2017] NSWCCA 61

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v R [2017] NSWCCA 61 Hearing dates: 29 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Before: Walton J at [1]; R A Hulme J at [2]; Beech-Jones J at [45] Decision: 1. Allow the appeal against sentence. 2. Quash the sentence imposed by the Court of Criminal Appeal on 10 September 2009 and in lieu, sentence the appellant for the offence of supplying a prohibited drug in not less than the large commercial quantity to imprisonment comprising a non-parole period of 10 years 6 months with a balance of the term of the sentence of 3 years 6 months. The sentence will date from 12 January 2006. The non-parole period expired on 11 July 2016 and the total term will expire on 11 January 2020. The appellant is now eligible for release on parole. Catchwords: CRIMINAL LAW – appeal against severity of sentence – supply of a large commercial quantity of a prohibited drug - "Muldrock error" – error in assessment of a sentence where a standard non-parole period applies – ground of appeal allowed – assessment of objective seriousness of offence – relevance of delay - whether lesser sentence warranted - applicant re-sentenced Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Part 7 Criminal Appeal Act 1912 (NSW) ss 6(3), 79(1) Cases Cited: Application by Xiao Feng Wang pursuant to s 79 Crimes (Appeal and Review) Act 2001 [2014] NSWSC 825 Application by Xiao Feng Wang pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 [2016] NSWSC 1670 Buttrose v Attorney General of New South Wales [2015] NSWCA 221 Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Davis v R [2015] NSWCCA 90 Elchiekh v R [2016] NSWCCA 225 Kentwell v the Queen [2014] HCA 37; 252 CLR 601 Louizos v R [2014] NSWCCA 242 Muldrock v The Queen [2011] HCA 39; 244 CLR 120 Potts v R [2017] NSWCCA 10 R v Way [2004] NSWCCA 131; 60 NSWLR 168 Xiao Feng Wang v R [2009] NSWCCA 223 Category: Principal judgment Parties: Xiao Feng Wang (Appellant) Regina (Respondent) Representation: Counsel: Ms J Roy (Appellant) Mr D Kell SC wutg Mr M Pulsford (Crown)