Tu v R [2011] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tu v R [2011] NSWCCA 31 Hearing dates: Wednesday 6 October 2010 Decision date: 04 March 2011 Before: McClellan CJ at CL at 1 Hall J at 2 McCallum J at 84 Decision: 1. That the time for giving notice of the application for leave to appeal be extended to 17 June 2010. 2. That leave to appeal be granted. 3. That the appeal be allowed. 4. That the sentences imposed on 3 December 2004 be quashed and, in lieu thereof, that the applicant be sentenced as follows: On count 1, to a term of imprisonment of 18 years commencing on 14 May 2003 and concluding on 13 May 2021. On count 2, to a term of imprisonment of 18 years commencing on 14 May 2005 and concluding on 13 May 2023. 5. That there be a non-parole period for both sentences of 13 years and 4 months commencing on 14 May 2003 and concluding on 13 September 2016. Catchwords: CRIMINAL LAW - sentencing - possession of methylamphetamine - very large quantity of drug - offender sentenced to maximum term of imprisonment prescribed for offences - whether open to sentencing judge to find that that the offences were in the worst category of their type or that the applicant was a more serious offender than his co-offender Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Customs Act 1901 (Cth) Cases Cited: Adams v Regina [2008] HCA 15; 234 CLR 143 Chen v Regina [2009] NSWCCA 157 DPP v De La Rosa [2010] NSWCCA 194 El-Ghourani v Regina [2009] NSWCCA 140; (2009) 195 A Crim R 208 Hili v Regina; Jones v Regina [2010] HCA 45 Ibbs v The Queen (1987) 163 CLR 447 Regina v Bernier (1998) 102 A Crim R 44 Regina v De Simoni (1981) 147 CLR 383 Regina v Ferrer-Esis (1991) 55 A Crim R 231 Regina v Guiu (2002) 129 A Crim R 387 Regina v Holder & Johnstone (1983) 3 NSWLR 245 Regina v Hutton [2004] NSWCCA 60 Regina v Kevenaar [2004] NSWCCA 210 Regina v Laurentiu (1992) 63 A Crim R 402 Regina v Lawless (CCA, unreported 24 June 1994 Regina v Olbrich (1999) 199 CLR 270 Regina v Schofield [2003] NSWCCA 3 Regina v Skaf [2005] NSWCCA 297 Regina v Twala (CCA, unreported 4 November 1994) Regina v Veen (No 2) (1988) 164 CLR 465 Regina v Zhang [2005] NSWCCA 437; 158 A Crim R 504 Category: Principal judgment Parties: Wei-Liang TU (Applicant) Regina (Crown) Representation: Counsel: Mr M Ramage QC (Applicant) Ms S McNaughton (Crown) Solicitors: William Chan & Co (Applicant) Commonwealth DPP (Crown) File Number(s): 2003/14846 Decision under appeal Jurisdiction: 9101 Date of Decision: 2004-12-03 00:00:00 Before: Finnane DCJ File Number(s): 03/11/0961