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Mao, Shanshan v The King Niu, Shaojing v The King [2022] VSCA 211

Victorian Court of Appeal
Beach and T Forrest JJA

Mao, Shanshan v The King Niu, Shaojing v The King

Judgment Date: 
30 September 2022

CRIMINAL LAW - Sentence - Applications for leave to appeal - Two applicants obtaining financial advantage by deception - Continuing criminal enterprise offenders - Fraudulent loan applications - Amount obtained in excess of $9 million - Aggregate sentences of 3 years with NPP of 18 months, and 2 years and 4 months with NPP of 1 year and 2 months - Whether sentences manifestly excessive - Whether parity principle infringed - Family hardship - Whether judge erred in failing to find exceptional circumstances - Whether insufficient sentencing discount given in respect of co-operation - Whether judge erred in assessing objective seriousness of offending or moral culpability - Proposed grounds of appeal not reasonably arguable - Applications for leave to appeal refused.

Crimes Act 1958, s 82(1); Sentencing Act 1991, ss 5(2AB), 6H, 6I and 9.

Markovic v The Queen (2010) 30 VR 589, Clarkson v The Queen (2011) 32 VR 361 and Collins v The Queen [2015] VSCA 106 applied; Totaan v The Queen [2022] NSWCCA 75 referred to.