Lee v R [2018] NSWCCA 75

Lee v R [2018] NSWCCA 75

The difference in sentences between the applicant and his co-offender Orchard is adequately explained by the differentiated roles, period of involvement, and the significant discount for Orchard's early guilty plea and assistance to authorities. No justifiable sense of grievance arises, and there is no breach of the parity principle or equal justice. Therefore, leave to appeal against sentence is refused.

Parties
Applicant: Sang Foo Lee; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal against the sentence imposed by the District Court on 18 September 2015 is refused.
Legal Topics
Sentencing, Importation of Border Controlled Drugs, Parity Principle, Appeal Against Sentence
Criminal Law Sentencing Importation of Border Controlled Drugs Parity Principle Appeal Against Sentence

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Parties

Sang Foo Lee

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the disparity between the sentences imposed upon the applicant and the co-offender Orchard creates a justifiable sense of grievance
  2. 2 Whether the parity principle is breached

Ratio Decidendi

The difference in sentences between the applicant and his co-offender Orchard is adequately explained by the differentiated roles, period of involvement, and the significant discount for Orchard's early guilty plea and assistance to authorities. No justifiable sense of grievance arises, and there is no breach of the parity principle or equal justice. Therefore, leave to appeal against sentence is refused.

Court Disposition

Leave to appeal against the sentence imposed by the District Court on 18 September 2015 is refused.

Orders

  • Leave to appeal against the sentence imposed by the District Court on 18 September 2015 is refused.