Lee v Regina [2011] NSWCCA 169

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v Regina [2011] NSWCCA 169 Hearing dates: 21 April 2011 Decision date: 28 July 2011 Before: Basten JA at 1; RS Hulme J at 48; Hidden J at 59 Decision: (1) Grant the applicant leave to appeal against the sentence for murder imposed on him by Price J on 18 June 2010. (2) Allow the appeal and set aside the sentence. (3) Sentence Michael Lee for the murder of Joon Yup Lee to imprisonment for - (a) a non-parole period of 12 years and 3 months, taken to have commenced on 20 March 2008 and expiring on 19 June 2020, (b) with a balance of the term of 5 years 3 months, commencing on 20 June 2020 and expiring on 19 September 2025, the term of the sentence being 17 years and 6 months. (4) Specify the earliest date upon which it appears to the Court that the applicant will be eligible for parole as 20 June 2020. Catchwords: CRIMINAL LAW - appeal - sentence for murder - parity between co-offenders - whether insufficient differentiation between sentences based upon level of culpability Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 44, 54A Cases Cited: Arafan v The Queen [2010] VSCA 356 Dwayhi v R; Bechara v R [2011] NSWCCA 67 Hearne (2001) 124 A Crim R 451 Likiardopolous v The Queen [2010] VSCA 344 Lowe v The Queen [1984] HCA 46; 154 CLR 606 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 OM v R [2009] NSWCCA 267 R v AJP [2004] NSWCCA 434; 150 A Crim R 575 R v Thomson [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168 R v Wong [2010] NSWSC 171 Regina v AEM (Snr) [2002] NSWCCA 58 Category: Principal judgment Parties: Michael LEE - Applicant Regina - Respondent Representation: Counsel: