NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Le v R (Cth) [2010] NSWCCA 285
HEARING DATE(S): 17 November 2010
JUDGMENT DATE: 7 December 2010
JUDGMENT OF: Simpson J at 1; Price J at 47; Howie AJ at 48
(i) extension of time to file the application granted; (ii) leave to appeal against each sentence be granted; DECISION: (iii) the appeals against the sentences with respect to the first and third counts be dismissed; (iv) with respect to the sentence imposed on count 2, the appeal be allowed, the sentence quashed, and the applicant be re-sentenced to imprisonment for 12 years and 6 months, with a non-parole period of 8 years and three months. The earliest date on which the applicant will be eligible for release on parole will be 13 March 2015.
CATCHWORDS: CRIMINAL LAW – particular offences – drug offences – import traffickable quantity of prohibited drug (heroin) – trafficking commercial quantity of controlled drug (heroin and methamphetamine) – money laundering – CRIMINAL LAW – application for extension of time for leave to appeal – appeal against severity of sentence – role of applicant – not principal – no error in assessment by sentencing judge – CRIMINAL LAW – disparity in sentence with that of co-offender – larger disparity warranted – applicant re-sentenced
LEGISLATION CITED: Criminal Code 1995 Customs Act 1901
CATEGORY: Principal judgment
PARTIES: Hong Phong Le (Applicant) Regina (Cth) (Respondent)
FILE NUMBER(S): CCA 2008/7209
COUNSEL: S Odgers SC (Applicant) L Crowley (Respondent)
SOLICITORS: Greg Goold (Applicant) Commonwealth Director of Public Prosecutions (Respondent)
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