Shi v R [2020] NSWCCA 42

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shi v R [2020] NSWCCA 42 Hearing dates: 9 March 2020 Decision date: 19 March 2020 Before: R A Hulme J at [1] Adamson J at [29] Ierace J at [30] Decision: Appeal against sentence dismissed. Catchwords: CRIME – appeal against sentence – co-offenders – disparity between sentences – disparity justified once regard had to different objective and subjective circumstances – no legitimate sense of grievance – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 93T(1A) Crimes (Appeal and Review) Act 2001 (NSW), ss 79(1)(b), 79(2) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Cases Cited: Buttrose v Attorney General of New South Wales [2015] NSWCA 221 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 R v San Sang Chan (District Court (NSW), 26 October 2017, unrep) Shi v Attorney-General for New South Wales [2019] NSWSC 1686 Shi v R [2017] NSWCCA 183 Category: Principal judgment Parties: Zi Pei Shi (Appellant) Regina (Respondent) Representation: Counsel: Mr G Smith SC (Appellant) Ms M Kumar (Crown)

Solicitors: Jeffreys Lawyers Solicitor for Public Prosecutions File Number(s): 2014/116673 Decision under appeal Court or tribunal: District Court Date of Decision: 16 October 2015 Before: Hosking SC ADCJ File Number(s): 2014/116673