Lim v R [2021] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lim v R [2021] NSWCCA 141 Hearing dates: 28 May 2021 Date of orders: 7 July 2021 Decision date: 07 July 2021 Before: Harrison J at [1] Adamson J at [2] Bellew J at [3] Decision: (1) The time in which to file the notice of application for leave to appeal against sentence is extended to 8 December 2020. (2) Leave to appeal against sentence is granted. (3) The appeal is dismissed. Catchwords: CRIMINAL LAW – Offences – Sentence – Application for leave to appeal against sentence – Where applicant pleaded guilty to a series of offences relating to drug supply – Whether the sentencing judge erred in her assessment of the role of the applicant – Whether applicant had a justifiable sense of grievance in light of sentences imposed on co-offenders – Whether sentence manifestly excessive – Where it was open to the sentencing judge to reject the applicant's evidence as to his role – Where disparity in sentences was justified on the basis that the criminality of the applicant extended well beyond that of his co-offenders – Serious offending – Where any sentence was required to reflect both general and personal deterrence – Where applicant's subjective case unremarkable – Sentence not manifestly excessive – Leave to appeal granted – Appeal dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Goodbun v R [2020] NSWCCA 77 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Li v R [2021] NSWCCA 75 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Category: Principal judgment Parties: Benjamin Lim – Applicant Regina – Respondent Representation: Counsel: D S Roff – Applicant S Traynor – Respondent