Site Logo

Lee v The Queen [2018] NSWCCA 75

appeal against sentence — importing commercial quantity of border controlled drug offence contrary to s 307.1 of Commonwealth Criminal Code — six other offences taken into account pursuant to s 16BA — original sentence imposed 12 years’ imprisonment with 6 year and 6 month non-parole period — parity— no such thing as perfect consistency because function of imposing sentence on individual has an evaluative and discretionary character — appellate court ordinarily reluctant to intervene — court will not intervene simply because of a discrepancy — discrepancy must engender objectively speaking a justifiable sense of grievance — consideration not just to head sentence but to all components of sentence — offender’s sentence sufficiently differentiated from relevant co-offender’s notional starting point sentence of 16 years to reflect different criminality involved in respective roles and different time period of continued conduct — discrepancy occurs by reason of significant discount allowed to co-offender — reflected co-offender’s earliest possible plea of guilty and significant assistance to authorities — no such assistance by offender and plea of guilty late — leave to appeal refused — appeal dismissed
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions

top-arrow