Lin v Regina [2006] NSWCCA 258

Lin v Regina [2006] NSWCCA 258

It was open to the sentencing judge to conclude there was no real distinction between the applicant and Li. Applying parity principles, the applicant's non-parole period should be reduced to correspond with that imposed on Li. The special circumstances found by the sentencing judge similarly applied in both cases.

Parties
Applicant: Yi Guo Lin; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 August 2006
Procedural Posture
Criminal Appeal / Sentence Appeal, Decision on Leave and Merits
Outcome
Appeal allowed. Leave to appeal granted. Sentence quashed and resentenced.
Legal Topics
Sentencing, Parity, Non Parole Period, Special Circumstances
Criminal Law Sentencing Parity Non Parole Period Special Circumstances

Case Brief

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Parties

Yi Guo Lin

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal, Decision on Leave and Merits

Legal Issues

  1. 1 Whether the sentence imposed on the applicant lacked proportionality compared to sentences imposed upon co-offenders, giving rise to a justifiable sense of grievance
  2. 2 Whether the sentencing judge gave proper effect to the finding of special circumstances in determining the non-parole period

Ratio Decidendi

It was open to the sentencing judge to conclude there was no real distinction between the applicant and Li. Applying parity principles, the applicant's non-parole period should be reduced to correspond with that imposed on Li. The special circumstances found by the sentencing judge similarly applied in both cases.

Court Disposition

Appeal allowed. Leave to appeal granted. Sentence quashed and resentenced.

Orders

  • Grant leave to appeal.
  • Allow the appeal.