Wu v R [2018] NSWCCA 74

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wu v R [2018] NSWCCA 74 Hearing dates: 16 April 2018 Date of orders: 27 April 2018 Decision date: 27 April 2018 Before: Hoeben CJ at CL at [1] Fullerton J at [2] Davies J at [3] Decision: Leave to appeal refused. Catchwords: CRIME – appeal against sentence – supply of large commercial quantity of methylamphetamine contrary to Drugs Misuse and Trafficking Act 1985 s 25(2) – applicant's role found to be that of courier – objective seriousness of offending - where offender used coded telecommunications to courier of drugs of significant weight and purity and was motivated by financial gain - principles applying to untested assertions to third parties – where offender relied on statements to psychiatrist inconsistent with agreed facts – sentence not manifestly excessive – no basis for any grounds of appeal Legislation Cited: Drugs Misuse and Trafficking Act 1985 Cases Cited: Collier v R [2012] NSWCCA 21 House v The King (1936) 55 CLR 499 Imbornone v R [2017] NSWCCA 144 Muldrock v The Queen (2011) 244 CLR 120 R v Qutami [2001] NSWCCA 353; (2001) 127 A Crim R 369 Vaiusu v R [2017] NSWCCA 71 Texts Cited: Nil Category: Principal judgment Parties: Jian Wu (Applicant) Crown (Respondent) Representation: Counsel: M Coroneos (Applicant) B Hatfield (Respondent)

Solicitors: Bo Yu Chi (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2015/233942 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 2 December 2016 Before: Acting Judge Delaney File Number(s): 2015/233942