Wang, Dong Pei v R [2016] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wang, Dong Pei v R [2016] NSWCCA 161 Hearing dates: 13 July 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Before: Hoeben CJ at CL at [1]; Simpson JA at [2]; Price J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The aggregate sentence imposed by McClintock DCJ on 8 April 2015 is quashed. (4) The applicant is sentenced to an aggregate sentence of imprisonment of 11 years 6 months consisting of a non-parole period of 7 years 9 months commencing on 13 November 2013 and expiring on 12 August 2021 with a balance of term of 3 years 9 months commencing on 13 August 2021 and expiring on 12 May 2025. (5) The earliest date the applicant will be eligible to be released on parole is 12 August 2021. Catchwords: CRIMINAL LAW – sentence appeal – one count of supplying a commercial quantity of methylamphetamine and one count of supplying a large commercial quantity of methylamphetamine – whether disparity with sentence of co-offender who pleaded not guilty – whether justifiable sense of grievance – whether sentence should be reduced Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s25 Cases Cited: Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49 Postiglione v R (1997) 189 CLR 295; [1997] HCA 26 R v Draper (unreported, Court of Criminal Appeal (NSW), 12 December 1986) R v Kollas and Mitchell [2002] NSWCCA 491 R v llbay [2000] NSWCCA 251 Category: Principal judgment Parties: Dong Pei Wang (Applicant) Regina (Respondent) Representation: Counsel: I. McLachlan (Applicant) V. Lydiard (Respondent)