Site Logo

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.
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.

© 2024 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions