NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SHEN, David Ying v R [2009] NSWCCA 251
HEARING DATE(S): 14 July 2009
JUDGMENT DATE: 30 September 2009
JUDGMENT OF: Hodgson JA at 1; Howie J at 2; Fullerton J at 3
1. Leave to appeal is granted. 2. The appeal is allowed. DECISION: 3. The sentence for the State offence is confirmed. 4. The sentence for the Commonwealth offence is quashed and in lieu the following sentence is imposed: In respect of the offence of trafficking in a commercial quantity of 3,4 methylenedioxymethamphetamine the applicant is sentenced to imprisonment for 11 years with a non-parole period of 7 years. The sentence is to date from 20 March 2007. The applicant will be eligible for release on parole on the expiry of the non-parole period on 19 March 2014.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - offences under Commonwealth Criminal Code and Drug Misuse and Trafficking Act (NSW) - traffic commercial quantity of a controlled drug - supply commercial quantity of a prohibited drug - parity with co-offender sentenced in Queensland - partial accumulation of sentences
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Code Act 1995 (Cth) Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Cahyadi v R [2007] NSWCCA 1; 168 A Crim R 41 Lowe v R [1984] HCA 46; 154 CLR 606 Pham v R [2009] NSWCCA 25 CASES CITED : Postiglione v R [1997] HCA 26; 189 CLR 295 R v Kerr [2003] NSWCCA 234 R v To [2007] NSWCCA 200; 172 A Crim R 121 SZ v R [2007] NSWCCA 19; 168 A Crim R 249
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