Lim v R [2021] NSWCCA 141

Lim v R [2021] NSWCCA 141

The sentencing judge's assessment of the applicant's role was open on the evidence, and despite the applicant's assertion, he was an active participant in drug supply offences and possessed indicia of organised supply (cash, drugs, weapons). Disparity in sentences was justified by the applicant's broader criminality, prior history, and lack of remorse. The sentence imposed was not manifestly excessive; all grounds of appeal failed.

Jurisdiction
Australia
Judgment Date
07 July 2021
Procedural Posture
Criminal Appeal – Sentence / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed
Legal Topics
['sentencing' 'drug Supply' 'prohibited Weapons' 'proceeds of Crime' 'parity Principle' 'manifest Excess' "assessment of Offender's Role"]
['criminal Law'] ['sentencing' 'drug Supply' 'prohibited Weapons' 'proceeds of Crime' 'parity Principle' 'manifest Excess' "assessment of Offender's Role"]

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Procedural Posture

Criminal Appeal – Sentence / Application for Leave to Appeal Against Sentence; Judgment on Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in assessing the applicant's role in the drug supply offences" 'Whether the applicant had a justifiable sense of grievance due to disparity between his sentence and the sentences imposed on co-offenders' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge's assessment of the applicant's role was open on the evidence, and despite the applicant's assertion, he was an active participant in drug supply offences and possessed indicia of organised supply (cash, drugs, weapons). Disparity in sentences was justified by the applicant's broader criminality, prior history, and lack of remorse. The sentence imposed was not manifestly excessive; all grounds of appeal failed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed

Orders

  • ['The time in which to file the notice of application for leave to appeal against sentence is extended to 8 December 2020.' 'Leave to appeal against sentence is granted.' 'The appeal is dismissed.']