Shi v R [2017] NSWCCA 183

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shi v R [2017] NSWCCA 183 Hearing dates: 21 July 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Before: Hoeben CJ at CL at [1] Adamson J at [2] Bellew J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW – Appeal – Sentence – Parity - Where co-offenders participated in drug supply – Where each offender played a different role in the enterprise – Where applicant's role higher than that of the co-offenders – No justifiable sense of grievance – Leave to appeal granted – Appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Why v R [2017] NSWCCA 101 Category: Principal judgment Parties: Zie Pie Shi – Applicant Crown – Respondent Representation: Counsel: G E Smith SC – Applicant N Adams - Respondent

Solicitors: Jeffreys Lawyers – Applicant C Hyland, Solicitor for Public Prosecutions – Respondent File Number(s): 2014/116673 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 16 October 2015 Before: Acting Judge Hosking SC

Judgment 1. HOEBEN CJ AT CL: I agree with Bellew J. 2. ADAMSON J: I agree with Bellew J. 3. BELLEW J: Zie Pie Shi ("the applicant") pleaded guilty before the Local Court to an offence contrary to s. 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) in the following terms: Between 12pm on 5 February 2014 and 4.45pm on 16 April 2014 at Sydney in the State of New South Wales did knowingly take part in the supply of an amount of a prohibited drug, to wit, 2545gms (2.545kgs) of Methylamphetamine being an amount which was not less than the large commercial quantity applicable to that prohibited drug. 1. The applicant adhered to that plea before the District Court and asked that a further offence of participating in a criminal group contrary to s. 93T(1A) of the Crimes Act 1900 (NSW) be taken into account on sentence. 2. On 16 October 2015 the applicant was sentenced by Acting Judge Hosking SC to a non-parole period of 7 years imprisonment with an additional term of 3 years. He now seeks leave to appeal against his sentence on a single ground, namely that the sentence is too severe having regard to what is said to be an unjustified disparity with the sentences imposed upon his co-offenders.