Taysavang v R; Lee v R [2017] NSWCCA 146

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taysavang v R; Lee v R [2017] NSWCCA 146 Hearing dates: 20 April 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Before: Simpson JA McCallum J Fagan J Decision: The orders of the Court in Mr Taysavang's application are:

1. Leave to appeal is granted. 2. The sentence imposed by Traill DCJ on 24 June 2016 for the offence of supply prohibited drug on 20 November 2014 is set aside. 3. In lieu thereof Souriya Taysavang is sentenced to imprisonment for a non-parole period of 2 years and 7 months commencing on 19 September 2015 and expiring on 18 April 2018 and a balance of term of 11 months commencing on 19 April 2018 and expiring on 18 March 2019. 4. Souriya Taysavang will be eligible for release on parole from 18 April 2018.

The orders of the Court in Mr Lee's application are:

1. Leave to appeal is granted. 2. The sentence imposed by Traill DCJ on 24 June 2016 for the offence of supply prohibited drug on 20 November 2014 is set aside. 3. In lieu thereof In Su Lee is sentenced to imprisonment for a non-parole period of 2 years commencing on 19 March 2015 and expiring on 18 March 2017 and a balance of term of 12 months commencing on 19 March 2017 and expiring on 18 March 2018. 4. Pursuant to s 50(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) the Court directs that In Su Lee be released on parole forthwith. Catchwords: CRIMINAL LAW – appeal against sentence – supply prohibited drug contrary to Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) – offence committed by two co-offenders – parity principle – where one co-offender's sentence manifestly excessive – relevance of co-offender's subjective cases to application of parity principle