Lee v R [2018] NSWCCA 75

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v R [2018] NSWCCA 75 Hearing dates: 6 April 2018 Date of orders: 27 April 2018 Decision date: 27 April 2018 Before: Meagher JA at [1] Rothman J at [2] Garling J at [3] Decision: (1) Leave to appeal against the sentence imposed by the District Court on 18 September 2015 is refused. Catchwords: CRIME – appeal against sentence – importing a commercial quantity of a border controlled drug –Criminal Code (Cth) s 307.1 – parity – whether there is a disparity between the sentence imposed upon the applicant and the sentence imposed upon the co-offender such as to leave the applicant with a justifiable sense of grievance – where numerous factors distinguished the criminality of the applicant and the co-offender – where the sentence imposed upon the co-offender was also discounted for assistance to authorities and his guilty plea at the earliest opportunity – no breach of principle of equal justice – no objective and justifiable sense of grievance – leave to appeal refused Legislation Cited: Criminal Code (Cth) Crimes Act 1914 (Cth) Cases Cited: Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 463 Lowe v The Queen [1984] HCA 46; (1984) 154 CLR 606 Texts Cited: Not Applicable Category: Principal judgment Parties: Sang Foo Lee (Applicant) The Queen (Respondent) Representation: Counsel: J Stratton SC (Applicant) L Fernandez (Crown)

Solicitors: Hunter and Braddon (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2012/179751; 2012/179835; 2012/19907 Publication restriction: Not Applicable Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 18 September 2015 Before: Jeffreys DCJ File Number(s): 2012/179751; 2012/179835; 2013/19907