NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Gao v R [2008] NSWCCA 234
HEARING DATE(S): 4 September 2008
JUDGMENT DATE: 10 October 2008
JUDGMENT OF: McClellan CJ at CL at 1; Hoeben J at 2; Harrison J at 3
DECISION: 1. Leave to appeal out of time granted. 2. Appeal dismissed.
CATCHWORDS: SENTENCING – two counts of supply commercial quantity of ecstasy – appeal against sentence said to be disproportionate to comparable co-offender – parity – whether applicant and co-offender truly comparable – whether sentence gives rise to a reasonable sense of grievance – no disparity demonstrated – SENTENCING - offences with common features but separate and distinct in time - whether sentencing judge erred in failing to order that sentences be served concurrently - accumulation of one year –– two separate acts of serious criminality – partial accumulation of one year not erroneous – appeal dismissed
LEGISLATION CITED: Criminal Appeal Act 1912 Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Lewins v R [2007] NSWCCA 189 R v Boney [2001] NSWCCA 432 R v Peng Gao; R v Benjamin Lim; Benjamin Lim v R [2007] NSWCCA 343 R v GWM [2005] NSWCCA 101; 152 A Crim R 482 CASES CITED : R (Cth) v Kai Kong Li [2005] NSWCCA 154 R v Makisi [2004] NSWCCA 333; (2004) 151 A Crim R 245 R v Najem [2008] NSWCCA 32 R v Pan [2005] NSWCCA 114 R v Reid [2000] NSWCCA 166 Tatana v R [2006] NSWCCA 398
PARTIES: Peng Gao (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2006/5292
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