NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v LEE [2007] NSWCCA 234
HEARING DATE(S): 10 April 2007
JUDGMENT DATE: 3 August 2007
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 40; Hall J at 41
DECISION: 1. Appeal upheld; 2. Quash the sentence imposed and in lieu sentence the respondent to a non-parole period of 18 years and 11 months to commence on 2 December 2005 and expire on 1 November 2024 with an additional term of 8 years and 6 months to expire on 1 May 2033. The earliest the respondent would be eligible to be released on parole would be 1 November 2024.
CATCHWORDS: CRIMINAL LAW – Crown appeal – conviction after trial – importation of 76.3kgs heroin concealed in containers – significant role played by respondent – lesser role played by co-offender – relevance of the weight of the drugs in sentencing – whether error in finding respondent had a middle level of responsibility
LEGISLATION CITED: Customs Act 1901 Crimes Act 1900
Bick v R [2006] NSWCCA 408 Law v R [2006] NSWCCA 100 R v Kaldor 150 A Crim R 271 R v MacDonnell (2002) 128 A Crim R 44 R v Stanbouli (2003) 141 A Crim R 531 CASES CITED: R v Sweet [2001] NSWCCA 445 R v To NSWCCA 362; 157 A Crim R 80 R v Wall [2002] NSWCCA 42 R v Wong & Leung (1999) 48 NSWLR 340 The Queen v Olbrich (1999) 199 CLR 270 Vinh Hai Truong (2006) NSWCCA 318 Wong v The Queen (2001) 207 CLR 584
PARTIES: The Crown Cth (Appl) Kong Jimmy Lee (Resp)
FILE NUMBER(S): CCA 2006/2904
COUNSEL: M King SC (Appl/Crown) A Francis (Resp)
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