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Li v The Queen (Cth) [2021] NSWCCA 100

The offender was sentenced following pleas of guilty to 1 count of attempted import of a commercial quantity of a border controlled drug contrary to s 307.1 of the Commonwealth Criminal Code, and 1 count of attempted import of a commercial quantity of a border controlled precursor contrary to s 307.11 of the Commonwealth Criminal Code. Count 1 related to 118.3kg of pure methamphetamine. Count 2 related to 264.37kg of pure ephedrine. Original sentence imposed 18 years and 2 months imprisonment with a 12 year non-parole period. Offender appealed on the basis that the sentencing judge erred in fixing the non-parole period as a proportion of the head sentence.  

Non-Parole Period: Sentencing judge stated intention to fix a non-parole period roughly or approximate to the proportion fixed for co-offender Wang. The non-parole period ratio fixed was 66% of the head sentence, on par with the ratio set of co-offender Lau not Wong. Variation can be made to the non-parole period without the need to resentence. The error is arithmetical in that the wrong ratio was applied.  

Leave to appeal granted. Appeal allowed. Non-parole period varied to 11 years and 3 months.
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