NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Lau v R [2010] NSWCCA 43
HEARING DATE(S): 18 February 2010
JUDGMENT DATE: 16 March 2010
JUDGMENT OF: McClellan CJatCL at 1; James J at 40; Davies J at 41
DECISION: 1. Grant leave to appeal and quash the sentence imposed in the District Court. 2. The applicant should be sentenced to a non-parole period of 8 years with a total sentence of 12 years. The sentence is to commence on 2 January 2005 making the applicant eligible to be released to parole on 1 January 2013.
CATCHWORDS: CRIMINAL LAW - appeal - purported advice given by legal advisers to client - miscarriage of justice - CRIMINAL LAW - sentence - relevant factors - parity between co-offenders - justifiable sense of grievance
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED : R v Do [2005] NSWCCA 209 R v Wahabzadah [2001] NSWCCA 253 Taiana v R [2006] NSWCCA 398
PARTIES: Kar Wah Lau (Applicant) The Crown
FILE NUMBER(S): CCA 2006/5279
COUNSEL: A Haesler SC (Applicant) N Noman (Crown)
SOLICITORS: Jason Li Lawyers (Applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/1205
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 24 November 2006
IN THE COURT OF CRIMINAL APPEAL 2006/5279
McCLELLAN CJ at CL JAMES J DAVIES J
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