LIU v R [2005] NSWCCA 450

New South Wales Court of Criminal Appeal

CITATION: LIU v R [2005] NSWCCA 450

HEARING DATE(S): 8 December 2005

JUDGMENT DATE: 16 December 2005

JUDGMENT OF: McClellan CJ at CL at 1; Studdert J at 29; James J at 30

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - appeal against sentence - knowingly take part in supply of a large commercial quantity of a prohibited drug - parity - whether the sentence imposed gives rise to a justifiable sense of grievance

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985

R v Doggett unreported, NSWCCA, 24 March 1997 CASES CITED: R v Lowe (1984) 154 CLR 606 R v Postiglione v The Queen [1996-1997] 189 CLR 295

Zhi Meng Liu (Appl) PARTIES: The Crown

FILE NUMBER(S): CCA 2005/1441

A Cook (Appl) COUNSEL: J Dwyer (Crown)

Legal Aid Commission of NSW (Appl) SOLICITORS: Solicitor for Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0611

LOWER COURT JUDICIAL OFFICER: Berman DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1441

McCLELLAN CJ at CL STUDDERT J JAMES J

FRIDAY 16 DECEMBER 2005 LIU, Zhi Meng v R Judgment 1 McCLELLAN CJ at CL: Zhi Meng Liu pleaded guilty to one count of knowingly taking part in the supply of a large commercial quantity of heroin contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. He was sentenced to a total term of eight years imprisonment with a non-parole period of five years to date from 24 July 2003. The maximum penalty for the offence is life imprisonment. 2 The applicant seeks leave to appeal against the sentence on the following grounds: