Loh v R [2013] NSWCCA 339

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Loh v R [2013] NSWCCA 339 Hearing dates: 12 December 2013 Decision date: 12 December 2013 Before: Ward JA at [1] Harrison J at [2] R A Hulme J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - sentence appeal - parity - supply large commercial quantity of heroin - co-offender received substantially lesser sentence - similar subjective circumstances - applicant had greater level of involvement in offence - no justifiable sense of grievance Legislation Cited: Criminal Appeal Act 1912 (NSW) Drugs Misuse and Trafficking Act 1985 (NSW) England v R; Phanith v R [2009] NSWCCA 274 Jimmy v R [2010] NSWCCA 60; (2010) 77 NSWLR 540 McMullen v R [2013] NSWCCA 261 Cases Cited: Muldrock v The Queen [2011] HCA 39; 244 CLR 120 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Category: Principal judgment Parties: Lawrence Yong Shun Loh (Applicant) Regina (Respondent) Representation: Counsel: Mr W Chan (Applicant) Ms H Wilson SC (Crown) Solicitors: Audix Legal Solicitor for Public Prosecutions File Number(s): 2009/157013 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-10-28 00:00:00 Before: Bennett SC DCJ File Number(s): 2009/157013