Li v R [2021] NSWCCA 75

Li v R [2021] NSWCCA 75

The sentence imposed on the applicant was not manifestly excessive given the objective seriousness of the offence, the applicant's role, the amount and purity of drugs supplied, and his additional criminality in the Form 1 offences. The difference in sentences between the applicant and Mr Tsang reflected proper exercise of discretion considering differences in subjective cases and Form 1 matters. Parity principles were observed and no appearance of injustice arose.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal Against Sentence; Appellate Judgment
Outcome
Leave to appeal against sentence is granted; the appeal is dismissed.
Legal Topics
['sentencing' 'drug Offences' 'manifestly Excessive Sentence' 'parity Principles' 'appeal Against Sentence']
['criminal Law'] ['sentencing' 'drug Offences' 'manifestly Excessive Sentence' 'parity Principles' 'appeal Against Sentence']

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Procedural Posture

Criminal Sentence Appeal / Leave to Appeal Against Sentence; Appellate Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant was manifestly excessive' 'Whether the applicant had a justified sense of grievance by reason of receiving a longer sentence than a co-offender, Man Chun Tsang']

Ratio Decidendi

The sentence imposed on the applicant was not manifestly excessive given the objective seriousness of the offence, the applicant's role, the amount and purity of drugs supplied, and his additional criminality in the Form 1 offences. The difference in sentences between the applicant and Mr Tsang reflected proper exercise of discretion considering differences in subjective cases and Form 1 matters. Parity principles were observed and no appearance of injustice arose.

Court Disposition

Leave to appeal against sentence is granted; the appeal is dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal is dismissed.']