NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: King v Regina [2006] NSWCCA 110
HEARING DATE(S): 28/02/2006
JUDGMENT DATE: 11 April 2006
JUDGMENT OF: Beazley JA at 1; Adams J at 56; Howie J at 57
DECISION: Application for leave to appeal granted, appeal allowed. Sentence imposed quashed and in lieu thereof the applicant is sentenced to imprisonment for a term of 6 years and 6 months commencing 14 November 2003, with a non- parole period of 4 years expiring on 13 November 2007.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - sentence - drug trafficking - parity principle - severity of sentence compared with sentences imposed on co-offenders - whether lesser criminality in importing lesser amount of narcotics - sentencing judge erred in failing to differentiate between offenders on quantity. CRIMINAL LAW - appeal - severity of sentence - drug trafficking - justifiable sense of grievance.
LEGISLATION CITED: Customs Act 1901 (Cth) - s 233B
Postiglione v The Queen (1997) 189 CLR 295 CASES CITED: Wong v The Queen (2002) 207 CLR 584 Lowe v The Queen (1984) 154 CLR 606
PARTIES: Paul David King v Regina
FILE NUMBER(S): CCA 2005/1001
COUNSEL: W. Abraham - Crown In Person - Applicant
SOLICITORS: Commonwealth DPP - Crown In Person - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0222
LOWER COURT JUDICIAL OFFICER: Graham DCJ
IN THE COURT OF criminal appeal CCA 2005/1001
BEAZLEY JA ADAMS JA HOWIE JA
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