NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Shi [2004] NSWCCA 135 revised - 21/05/2004 HEARING DATE(S) : 15/4/04 JUDGMENT DATE : 11 May 2004
JUDGMENT OF : Spigelman CJ at 1; Wood CJ at CL at 2; Simpson J at 45 DECISION : 1.Appeal allowed; 2.Sentence below quashed, and in lieu thereof the respondent be sentenced for the offence to which he pleaded guilty (taking into account the Form 1 offence) to a term of imprisonment which is to consist of a total term of 6 years, with a non-parole period of 3 years, to date from 15 May 2003; 3.Direct that the non-parole period is to expire on 14 May 2006, and specify that date as the earliest date on which the respondent will be eligible to be released on parole.
CATCHWORDS : CRIMINAL LAW - Crown appeal against leniency - supply not less than commercial quantity of methylamphetamine - plea of not guilty - Form 1 of having a false drivers license. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 R v Laurentio and Becheru (1962) 63 A Crim R 402 CASES CITED : R v Le Cerf (1975) 13 SASR 237 Regina v Way [2004] NSWCCA 131 PARTIES : Regina Zi Pei Shi FILE NUMBER(S) : CCA 60511/03 COUNSEL : M Grogan (Crown) E Fullerton SC SOLICITORS : S Kavanagh (Crown) S E O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0806 FILE NUMBER(S) : LOWER COURT Dodd DCJ JUDICIAL OFFICER :
- 14 - IN THE COURT OF CRIMINAL APPEAL 60511/03
CHIEF JUSTICE WOOD CJ at CL SIMPSON J
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