Lin v R [2018] NSWCCA 13

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lin v R [2018] NSWCCA 13 Hearing dates: 27 November 2017 Decision date: 14 February 2018 Before: Basten JA at [1]; Bellew J at [9]; Hamill J at [12] Decision: (1) Allow the application for leave to appeal against sentence. (2) Allow the appeal. (3) Set aside the sentence imposed by the District Court on 17 June 2016 and in place thereof, sentence the applicant to imprisonment by way of – (a) a non-parole period of 4 years 1 month to commence on 20 May 2014 and expire on 19 June 2018; (b) a balance of term of 1 year 11 months commencing on 20 June 2018 and expiring on 19 May 2020. (4) The earliest date on which the applicant is eligible for release on parole is 19 June 2018. Catchwords: CRIMINAL LAW – sentencing – whether judge made assessment of objective criminality – aggravating factors – planned and organised criminal activity – offence committed for financial gain – whether judge erred – commercial drug supply – whether factors inherent in offence – whether judge erred – "double counting" – parity of sentencing – equal justice – where sentencing judge determined appropriate proportion in sentencing co-offenders – where co-offender re-sentenced by Court of Criminal Appeal – need to re-establish proper proportions – applicant re-sentenced Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 21A(2), s 54A(2) Drug Misuse and Trafficking Act 1985, s 25A Cases Cited: R v Yildiz [2006] NSWCCA 97; (2006) 160 A Crim R 218 Elyard v The Queen [2006] NSWCCA 43 Fahs v R [2007] NSWCCA 26 Prculovski v R [2010] NSWCCA 274 Kassoua v R [2017] NSWCCA 307 AB v R [2013] NSWCCA 160 Wat v R [2017] NSWCCA 62 Kassoua v R [2017] NSWCCA 307 Huang v R [2017] NSWCCA 312 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Category: Principal judgment Parties: Zhi Qiang Lin (Applicant) Regina (Respondent) Representation: Counsel: M C Ramage QC (Applicant) E Balodis (Respondent)