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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
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