Sheu v R [2018] NSWCCA 86

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sheu v R [2018] NSWCCA 86 Hearing dates: 2 May 2018 Decision date: 02 May 2018 Before: Hoeben CJ at CL at [1]; Walton J at [2]; R A Hulme J at [3] Decision: Leave to appeal refused Catchwords: CRIME – appeal – sentence – sole ground asserting insufficient disparity with sentence imposed upon co-offender – no merit – no point of principle – leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) s 112(1) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Migration Act 1958 (Cth) s 234(1)(b) Cases Cited: Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Simon Sheu (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lange (Applicant) Mr N J Adams (Crown)

Solicitors: Hanna Legal Solicitor for Public Prosecutions File Number(s): 2014/365697 Decision under appeal Court or tribunal: District Court Date of Decision: 16 September 2016 Before: Williams SC DCJ File Number(s): 2014/365697

Judgment 1. HOEBEN CJ at CL: I agree with R A Hulme J. 2. WALTON J: I agree with R A Hulme J. 3. R A HULME J: This is an application for leave to appeal in respect of a sentence imposed upon Simon Sheu ("the applicant") in the District Court on 16 September 2016. 4. The applicant was sentenced by Williams SC DCJ for two counts of break, enter and steal (s 112(1) of the Crimes Act 1900 (NSW)), three counts of aggravated break, enter and steal (s 112(2)) and one count of participating in a criminal group (s 93T(1)). The maximum penalties for such offences are imprisonment for 14 years, 20 years and 5 years respectively. An offence against s 112(2) also has a standard non-parole period prescribed under the Crimes (Sentencing Procedure) Act 1999 (NSW) of 5 years. 5. The learned judge imposed an aggregate sentence of 12 years with a non-parole period of 8 years. 6. Two co-offenders were sentenced at the same time and they received aggregate terms of imprisonment as follows: Marsel Boka: 11 years with a non-parole period of 7 years. Gjergi Nika: 14 years with a non-parole period of 9 years. 1. The applicant asked that his guilt in respect of further offences be taken into account: two counts of break, enter and steal (s 112(1)), two counts of break and enter with intent to steal (s 113(1)) and one count of destroying property (s 195(1)(a)).