R v Thomas Ty Phu LEE [2011] NSWSC 89

Supreme Court New South Wales

Medium Neutral Citation: R v Thomas Ty Phu LEE [2011] NSWSC 89 Hearing dates: 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 29 July; 16th August; 8th October; 12, and 17 November, 2nd and 14th December 2010 Decision date: 25 February 2011 Before: Latham J Decision: On count 1 of the indictment, the offender is convicted and sentenced to a term of 5 years and 6 months imprisonment, to date from 12 June 2010, expiring 11 December 2015. On count 2 of the indictment, the offender is convicted and sentenced to a term of 7 years imprisonment, to date from 12 June 2010, expiring 11 June 2017. On count 3 of the indictment, the offender is convicted and sentenced to a term of 6 years imprisonment, to date from 12 June 2016, expiring 11 June 2022. Non parole period of 8 years to date from 12 June 2010. The offender is eligible for release on 12 June 2018. Catchwords: CRIMINAL LAW - sentence - relevant factors - nature and circumstances of offence - gravity of offence - generally - parity between co-offenders - grounds for discrimination between co-offenders - degree of criminality. Legislation Cited: Criminal Code Act 1995 (Cth) Evidence Act 1995 Cases Cited: The Queen v Olbrich [1999] HCA 54 Le v R [2010] NSWCCA 285 R v Nguyen [2010] NSWCCA 331 Category: Sentence Parties: Regina - (Crown) Thomas Ty Phu Lee - (Offender) Representation: Counsel: L Crowley - Commonwealth Director of Public Prosecutions - (Crown) A Radojev/P Stitz - (Offender) Solicitors: Commonwealth Director of Public Prosecutions - (Crown) Jack Rigg Solicitors - (Offender) File Number(s): 2009/10895