NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Liu [2005] NSWCCA 378
HEARING DATE(S): 25 October 2005
JUDGMENT DATE: 25 October 2005
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 45; Hoeben J at 68
DECISION: Appeal dismissed (by majority)
CATCHWORDS: CRIMINAL LAW - appeal against sentence - importing a prohibited import being not less than the commercial quantity of heroin - whether the sentence is manifestly excessive - objective seriousness of offence - plea of guilty - delay - hardship of being separated from son - hardship caused to son by separation - whether justifiable sense of grievance when considering the sentence imposed on the co-accused
Customs Act 1901 LEGISLATION CITED: Crimes Act 1914
R v Boyle (1987) 34 A Crim R 202 R v Edwards (1996) 90 A Crim R 510 R v Postiglione (1996-97) 189 CLR 295 CASES CITED: R v Thomson & Houlton (2000) 49 NSWLR 383 R v Wirth (1976) 14 SASR 291 Wong v The Queen (2001) 207 CLR 584
The Crown PARTIES: Piu Man Liu
FILE NUMBER(S): CCA 2005/1175
W J Abraham QC (Crown) COUNSEL: R Burgess (Appl)
Commonwealth Director of Public Prosecutions (Crown) SOLICITORS: Legal Aid Commission of NSW (Appl)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/11/0975
LOWER COURT JUDICIAL OFFICER: Hock DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1175
McCLELLAN CJ at CL ADAMS J HOEBEN J
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