Ping He v R [2018] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ping He v R [2018] NSWCCA 123 Hearing dates: 15 June 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Before: Leeming JA; Bellew J; Fagan J Decision: Leave to appeal is granted The appeal is dismissed Catchwords: CRIMINAL LAW – appeal against sentence – subjective factors – parity – dealing with proceeds of crime knowing that they were proceeds contrary to Crimes Act 1900 (NSW), s 193B(2) – four further offences taken into account on a Form 1 – sentenced with co-offender on common principal charges – same aggregate sentence received as co-offender – where appellant's subjective case more favourable than co-offender – where co-offender had fewer offences on Form 1 – whether sentencing judge failed to give effect to findings on subjective case of appellant – whether disparity giving rise to "justifiable sense of grievance" – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 93T(1A), 193B(2) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10, 33, 44, 53A(2) Criminal Appeal Act 1912 (NSW), s 6(3) Drug Misuse and Trafficking Act 1985 (NSW), ss 10(1), 25(1) Cases Cited: DS v R [2014] NSWCCA 267 England v R [2009] NSWCCA 274 JM v R [2014] NSWCCA 297 Kerr v R [2016] NSWCCA 218 Tuivaga v R [2015] NSWCCA 145 Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64 Zreika v R [2016] NSWCCA 177 Category: Principal judgment Parties: Ping He (Appellant) Regina (Crown) Representation: Counsel: P Lange (Appellant) K Shead SC (Crown)