Qiu v R [2022] NSWCCA 247

Qiu v R [2022] NSWCCA 247

The aggregate sentence imposed was manifestly excessive and unreasonable, failing to properly reflect the total criminality and seriousness within the guidance provided by Kennedy. Attempted exports were not of the same severity as importation offences with catastrophic ecosystem risk. The applicant's offending, while serious and involving repeated conduct, involved smaller numbers of specimens on each occasion, with lower objective seriousness and strong prospects of rehabilitation. Thus the original sentence was quashed and replaced with an aggregate sentence of 3 years and 10 months with a non-parole period of 2 years.

Parties
Applicant: Zheyuan Qiu; Respondent: Regina
Jurisdiction
Australia
Judgment Date
25 November 2022
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence varied
Legal Topics
Sentencing, Appeal Against Sentence, Federal Offences, Attempted Exportation of Regulated Native Specimens, Possession of CITES Regulated Specimens, Manifest Excess, Sentence Unreasonable or Plainly Unjust, Resentencing
Criminal Law Sentencing Appeal Against Sentence Federal Offences Attempted Exportation of Regulated Native Specimens Possession of CITES Regulated Specimens Manifest Excess Sentence Unreasonable or Plainly Unjust +1 more

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Parties

Zheyuan Qiu

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the aggregate sentence imposed was manifestly excessive
  2. 2 Whether the applicant had a justifiable sense of grievance regarding parity with co-offender's sentence

Ratio Decidendi

The aggregate sentence imposed was manifestly excessive and unreasonable, failing to properly reflect the total criminality and seriousness within the guidance provided by Kennedy. Attempted exports were not of the same severity as importation offences with catastrophic ecosystem risk. The applicant's offending, while serious and involving repeated conduct, involved smaller numbers of specimens on each occasion, with lower objective seriousness and strong prospects of rehabilitation. Thus the original sentence was quashed and replaced with an aggregate sentence of 3 years and 10 months with a non-parole period of 2 years.

Court Disposition

Appeal allowed; sentence varied

Orders

  • Leave to appeal granted
  • Appeal allowed