Regina v Wei Pan [2005] NSWCCA 114

New South Wales Court of Criminal Appeal

CITATION: Regina v Wei Pan [2005] NSWCCA 114

HEARING DATE(S): 29 March 2005

JUDGMENT DATE: 6 April 2005

JUDGMENT OF: Giles JA at 1; Hoeben J at 2; Johnson J at 3

DECISION: 1. Leave to appeal granted but appeal is dismissed; 2. the Applicant's bail is revoked and, in accordance with Ss 18(2) and 28A(3) Criminal Appeal Act 1912, the Court notes that the Applicant's non-parole period will re-commence on 6 April 2005 and expire on 5 July 2005 and the balance of the term of imprisonment will expire on 4 April 2006.

CATCHWORDS: SENTENCING - malicious wounding in company - parity - whether justifiable sense of grievance given sentence imposed on co-offender - applicant released on bail pending hearing of application for leave to appeal against sentence - whether Court may have regard to evidence of applicant's conduct on bail to make order under s.28A(2) Criminal Appeal Act 1912 where appeal otherwise dismissed.

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912

R v Thomson and Houlton (2000) 49 NSWLR 383 R v Tran [2004] NSWCCA 366 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: R v Doggett (Court of Criminal Appeal, 24 March 1996, unreported) R v Ilbay [2000] NSWCCA 251 R v Boney [2001] NSWCCA 432 R v Diamond (Court of Criminal Appeal, 18 February 1993, unreported, BC9302054)

Regina (Respondent) PARTIES: Wei Pan (Applicant)

FILE NUMBER(S): CCA 2004/3171

Mr C Smith (for the Applicant) COUNSEL: Mr G Rowling (for the Respondent)

Mr S E O'Connor (for the Applicant) SOLICITORS: Mr S Kavanagh (for the Respondent)