Wat v R [2017] NSWCCA 62

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wat v R [2017] NSWCCA 62 Hearing dates: 20 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Before: Bathurst CJ at [1]; Walton J at [2]; Price J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) The sentence imposed by Norrish QC DCJ on 14 December 2015 is quashed. (4) The applicant is sentenced to a term of imprisonment of 12 years consisting of a non-parole period of 9 years commencing on 8 October 2014 and expiring on 7 October 2023 with a balance of term of 3 years commencing on 7 October 2023 and expiring on 7 October 2026. (5) The earliest date the applicant will be eligible to be released on parole is 7 October 2023. Catchwords: CRIMINAL LAW – sentence appeal – one count of knowingly taking part in supply of not less than the large commercial quantity of ephedrine – whether financial reward and planning could be taken into account as substantial aggravating factors – whether marked disparity with co-offender's sentence – whether justifiable sense of grievance – whether sentence should be reduced Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 21A(2) Drug Misuse and Trafficking Act 1985, s 25(2) Cases Cited: Farkas v R (2014) 243 A Crim R 388; [2014] NSWCCA 141 Gill v R [2010] NSWCCA 236 Green v R; Quinn v R (2011) 244 CLR 462; [2011] HCA 49 Postiglione v R (1997) 189 CLR 295; [1997] HCA 26 Prculovski v R [2010] NSWCCA 274 R v Kollas and Mitchell [2002] NSWCCA 491 R v llbay [2000] NSWCCA 251 Tatana v R [2006] NSWCCA 398 Category: Principal judgment Parties: Kar Wang Wat (Applicant) Regina (Respondent) Representation: Counsel: Mr I Nash (Applicant) Mr E Balodis (Respondent)