Lau v R [2010] NSWCCA 43

Lau v R [2010] NSWCCA 43

The applicant was entitled to an adjustment of his non-parole period from 9 to 8 years due to a justifiable sense of grievance arising from a finding of special circumstances for a co-offender; however, no miscarriage of justice resulted from the alleged advice of legal advisers since the adverse credibility findings were justified on the evidence.

Parties
Applicant: Kar Wah Lau; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
16 March 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing
Outcome
Leave to appeal granted; sentence of District Court quashed; applicant resentenced to total term of 12 years imprisonment with non-parole period of 8 years, commencing 2 January 2005, eligible for parole 1 January 2013.
Legal Topics
Sentencing, Parity Principle, Miscarriage of Justice, Advice by Legal Advisers, Manufacture of Prohibited Drug
Criminal Law Sentencing Parity Principle Miscarriage of Justice Advice by Legal Advisers Manufacture of Prohibited Drug

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Parties

Kar Wah Lau

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence; Re Sentencing

Legal Issues

  1. 1 Whether the sentence imposed on the applicant should be reduced in light of parity with co-offenders' sentences
  2. 2 Whether advice provided by legal advisers to the applicant caused a miscarriage of justice in sentencing proceedings

Ratio Decidendi

The applicant was entitled to an adjustment of his non-parole period from 9 to 8 years due to a justifiable sense of grievance arising from a finding of special circumstances for a co-offender; however, no miscarriage of justice resulted from the alleged advice of legal advisers since the adverse credibility findings were justified on the evidence.

Court Disposition

Leave to appeal granted; sentence of District Court quashed; applicant resentenced to total term of 12 years imprisonment with non-parole period of 8 years, commencing 2 January 2005, eligible for parole 1 January 2013.

Orders

  • Grant leave to appeal and quash the sentence imposed in the District Court.
  • The applicant should be sentenced to a non-parole period of 8 years with a total sentence of 12 years. The sentence is to commence on 2 January 2005 making the applicant eligible to be released to parole on 1 January 2013.