Tu v R [2011] NSWCCA 31

Tu v R [2011] NSWCCA 31

There was insufficient evidentiary basis to categorise the offences as worst case and to conclude the applicant’s culpability was higher than his co-offender’s; sentencing judge erred in both respects, warranting quashing of original sentences and re-sentencing.

Parties
Applicant: Wei-Liang Tu; Crown: Regina
Jurisdiction
Australia
Judgment Date
04 March 2011
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Appeal allowed; leave to appeal granted; sentences quashed; applicant resentenced.
Legal Topics
Sentencing, Drug Offences, Possession of Methylamphetamine, Assessment of Culpability, Worst Category Offences, Parity in Sentencing
Criminal Law Sentencing Drug Offences Possession of Methylamphetamine Assessment of Culpability Worst Category Offences Parity in Sentencing

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Parties

Wei-Liang Tu

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 Whether the offences were correctly categorised as 'worst case' for sentencing.
  2. 2 Whether the applicant's role was more serious than the co-offender, Ms Zhang.
  3. 3 Whether maximum sentences and non-parole period were justified under the evidence.

Ratio Decidendi

There was insufficient evidentiary basis to categorise the offences as worst case and to conclude the applicant’s culpability was higher than his co-offender’s; sentencing judge erred in both respects, warranting quashing of original sentences and re-sentencing.

Court Disposition

Appeal allowed; leave to appeal granted; sentences quashed; applicant resentenced.

Orders

  • That the time for giving notice of the application for leave to appeal be extended to 17 June 2010.
  • That leave to appeal be granted.