Tsai Yu v R [2016] NSWCCA 73

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tsai Yu v R [2016] NSWCCA 73 Hearing dates: 21 April 2016 Date of orders: 04 May 2016 Decision date: 04 May 2016 Before: R A Hulme J at [1] Garling J at [2] Wilson J at [61] Decision: Application for leave to appeal dismissed Catchwords: CRIMINAL LAW – appeal – sentencing – parity between co-offenders – where applicant and co-offender sentenced for possessing a commercial quantity of an unlawfully imported border control drug – where co-offender's role in the commission of the offence was greater than the applicant's – where the sentencing Judge imposed a lesser sentence on the applicant – whether the sentencing Judge gave proper consideration to the circumstances of the applicant and co-offender and their different degrees of criminality – whether the sentencing Judge failed properly to exercise the discretion reposed in her Legislation Cited: Criminal Code Act 1995 (Cth) (Criminal Code) Cases Cited: Green v The Queen, Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462 House v The King (1936) 55 CLR 499 Lam v R; Lam v R [2015] NSWCCA 87 Lowe v The Queen (1984) 154 CLR 606 Postiglione v The Queen (1996) 189 CLR 295 Tatana v R [2006] NSWCCA 398 Texts Cited: Not Applicable Category: Principal judgment Parties: Tsai Yu (Applicant) Regina – Respondent Crown Representation: Counsel: Mr A Webb (Applicant) Mr L Fernandez (Crown)