Wan v R [2017] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wan v R [2017] NSWCCA 261 Hearing dates: 15 September 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Before: Payne JA at [1]; Beech-Jones J at [2]; Fagan J at [53] Decision: (1) Leave to appeal against sentence be granted.

(2) The appeal be dismissed. Catchwords: SENTENCING – parity – applicant pleaded guilty to manufacture and supply large commercial quantity of prohibited drugs – co-offender pleaded guilty to importation of same drugs – applicant and co-offender received similar sentences even though applicant pleaded guilty at earlier stage – application of parity principle to offender charged with State offences and co-offender charged with Commonwealth offences – comparison of roles and position in hierarchy – no justifiable sense of grievance – appeal dismissed Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: DS v R [2014] NSWCCA 267 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 606 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 R v Saleh [2015] NSWCCA 299 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Category: Principal judgment Parties: Wai Man Wan (Applicant) The Queen (Respondent) Representation: Counsel: J Stratton SC (Applicant) L Crowley; G Wright (Respondent)