Piao v R [2019] NSWCCA 154

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Piao v R [2019] NSWCCA 154 Hearing dates: 3 May 2019 Decision date: 12 July 2019 Before: Basten JA at [1]; R A Hulme J at [12]; Fagan J at [48] Decision: 1. Extension of time to file Notice of Application for Leave to Appeal to 19 December 2018 granted. 2. Leave to appeal granted. 3. Appeal against sentence dismissed. Catchwords: SENTENCING — appeal against sentence — co-offenders — disparity between sentences – whether legitimate sense of grievance arising from disparity – assessment of disparity based on objective criteria – consideration of basis upon which co-offenders sentenced – differences in statements of agreed facts and subjective cases between applicant and co-offenders – no justifiable grievance assessed by reference to objective criteria – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 93T Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Baquiran v R [2014] NSWCCA 221 Fenech v R [2018] NSWCCA 160 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Nasiri v R [2019] NSWCCA 16 PG v R [2017] NSWCCA 179 R v Yiu; R v Yau [2018] NSWCCA 155 Wright (a pseudonym) v R [2017] NSWCCA 289 Category: Principal judgment Parties: Jian Piao (Applicant) Regina (Respondent) Representation: Counsel: Mr M Mantaj (Applicant) Ms H Roberts (Crown)