Seng v Regina [2007] NSWCCA 335

New South Wales Court of Criminal Appeal

CITATION: Seng v Regina [2007] NSWCCA 335

HEARING DATE(S): 29 November 2007

JUDGMENT DATE: 7 December 2007

JUDGMENT OF: Giles JA at 1; Grove J at 25; Harrison J at 26

DECISION: Sentence quashed and in lieu thereof sentenced to imprisonment for 5 years commencing on 2 September 2006 with a non-parole period of 2 years 6 months. The applicant will be eligible for release on parole on 1 March 2009.

CATCHWORDS: Sentencing - parity - co-offenders in drug importing - whether difference in parts played such that parity principles of sentencing were offended - no point of principle.

CASES CITED: The Queen v Olbrich (1999) 199 CLR 270.

PARTIES: Piseth Seng - Appellant The Crown

FILE NUMBER(S): CCA 2007/2923

COUNSEL: D Carroll - Appellant R J Bromwich - Crown

SOLICITORS: Legal Aid Commission of NSW - Appellant Commonwealth Director of Public Prosecutions - Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0956

LOWER COURT JUDICIAL OFFICER: Sweeney DCJ

LOWER COURT DATE OF DECISION: 13 April 2007 (Sentence)

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Eir; Regina v Seng, 13 April 2007, Sweeney DCJ, unreported.

IN THE COURT OF CRIMINAL APPEAL CCA 2007/2923 DC 06/11/0956

GILES JA GROVE J HARRISON J

Friday 7 December 2007 PISETH SENG v REGINA Judgment 1 GILES JA: The applicant, Mr Piseth Seng, and a co-offender, Mr Marut Eir, each pleaded guilty to importation of a marketable quantity of heroin. On 13 April 2007 each was sentenced by Sweeney DCJ to a term of imprisonment. The applicant received a sentence of 5 years 6 months with a non-parole period of 3 years. Mr Eir received a sentence of 6 years with a non-parole period of 3 years. 2 The applicant applied for leave to appeal against his sentence. He relied on the single ground that he had a justifiable sense of grievance due to the sentence imposed on his co-offender.