AYIK v Regina [2013] NSWCCA 119

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AYIK v Regina [2013] NSWCCA 119 Hearing dates: 14 May 2013 Decision date: 22 May 2013 Before: Hoeben CJ at CL at [1] Hall J at [40] Davies J at [41] Decision: Leave to appeal granted. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - knowingly take part in supply of a large commercial quantity of heroin (28.75 kgs) - appeal based on principles of parity - co-offender charged with same offence in relation to the same quantity of heroin - co-offender also charged with further offence of supply larger than commercial quantity of heroin - co-offender provided "truly exceptional" assistance to authorities - finding that co-offender committed offences under duress - submission that structure of sentences breached parity principle - submission that structure of sentences gave rise to justifiable sense of grievance - appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Bell v R [2008] NSWCCA 206 Henderson v R [2012] NSWCCA 65 Lowe v R [1984] HCA 46; 154 CLR 606 Ng v R [2011] NSWCCA 227 Papadopoulos v R, Topcu v R [2007] NSWCCA 274 Pearce v R [1998] HCA 57; 194 CLR 610 Postiglione v R [1997] HCA 26; 189 CLR 295 R v MacDonnell [2002] 128 A Crim R 44 at 33 Williams v R [2013] NSWCCA 15 Category: Principal judgment Parties: Erkan Ayik - Applicant Regina - Respondent Crown Representation: Counsel: Mr T Game SC - Applicant Ms T Smith - Respondent Crown Solicitors: Blair Criminal Lawyers - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/257894 Decision under appeal Date of Decision: 2012-05-11 00:00:00 Before: Flannery SC DCJ File Number(s): 2010/257894