Wright (a pseudonym) v R [2017] NSWCCA 289

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wright (a pseudonym) v R [2017] NSWCCA 289 Hearing dates: 10 November 2017 Decision date: 30 November 2017 Before: Simpson JA at [1]; Rothman J at [45]; Hamill J at [46] Decision: (1) Leave to appeal granted;

(2) Appeal dismissed. Catchwords: SENTENCING – appeal against sentence – co-offenders – where co-offenders receive identical sentences – where co-offenders have different roles and involvement in conspiracy to import prohibited substance – applicant in superior position in enterprise – co-offender involved in importation of greater quantity – factors balance – whether applicant had justifiable sense of grievance in being sentenced identically to co-offender – relevance of co-offender's separate appeal raising parity ground Legislation Cited: Criminal Code (Cth), ss 11.5, 307.11 Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (Cth) Cases Cited: Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6 MI v R [2017] NSWCCA 225 Category: Principal judgment Parties: Wright (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: P Lowe (Applicant) M England (Respondent)

Solicitors: SJT Law (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2015/46865 Publication restriction: Non-publication of any information or material that may lead to the identification of the applicant (Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7) Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 16 September 2016 Before: Hunt DCJ File Number(s): 2015/46865