Li v R [2021] NSWCCA 75

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Li v R [2021] NSWCCA 75 Hearing dates: 23 November 2020 Decision date: 23 April 2021 Before: Hoeben CJ at CL at [1]; Bellew J at [75]; Wright J at [76] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – supply a prohibited drug on an ongoing basis – maximum penalty of imprisonment for 20 years – four matters on a Form 1 – whether sentence imposed on the applicant was manifestly excessive – whether applicant had a justified sense of grievance by reason of receiving a longer sentence than a co-offender – same judge sentencing both offenders – clear differences between applicant and co-offender – parity principles observed – no error on part of sentencing judge – appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Chamon v R [2020] NSWCCA 112 Corda v R [2014] NSWCCA 281 Dayment v R [2018] NSWCCA 132 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 Jimmy v The Queen (2010) 77 NSWLR 540; [2010] NSWCCA 60 King v R [2018] NSWCCA 273 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Parente v R (2017) 96 NSWLR 633; [2017] NSWCCA 284 Paxton v R (2011) 219 A Crim R 104; [2011] NSWCCA 242 Category: Principal judgment Parties: Jielun Li – Applicant Regina – Respondent Representation: Counsel: M Curry – Applicant C Young – Respondent