Wang v R [2023] NSWCCA 208

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wang v R [2023] NSWCCA 208 Hearing dates: 21 July 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Before: Kirk JA [at 1] N Adams J [at 2] R A Hulme AJ [at 4] Decision: (1) Extend the time for commencing proceedings in this Court to 28 September 2022. (2) Grant leave to appeal and allow the appeal. (3) Quash the sentence imposed in the District Court on 23 June 2017 and in lieu, sentence the offender to an aggregate term of imprisonment for 11 years with a non-parole period of 8 years and 3 months. (4) The sentence will date from 14 May 2015. The offender became eligible for release on parole when the non-parole period expired on 13 August 2023. Catchwords: CRIME – appeals – appeal against sentence – serious drug supply offences – complaint of erroneous disparity with sentence imposed upon co-offenders – parity ground upheld – no requirement to deal with other unmeritorious proposed grounds of appeal Legislation Cited: Crimes Act 1900 (NSW), ss 93T(1A) and 193B(2) Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Abbas v R [2013] NSWCCA 115; (2013) 231 A Crim R 413 Dungay v R [2020] NSWCCA 209 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Ke v R [2021] NSWCCA 177 Kristensen v R [2018] NSWCCA 189 Parkinson v R [2021] NSWCCA 98 Ritchie v R [2023] NSWCCA 153 Rodgers v R [2018] NSWCCA 47 Zhang v R [2018] NSWCCA 82 Category: Principal judgment Parties: Li Wang (Applicant) Rex (Respondent) Representation: Counsel: Self-represented (Applicant) E Wilkins SC (Respondent)