Lieu v The Queen

Case [2016] VSCA 277


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2015 0171

SUKY LIEU Applicant
v
THE QUEEN Respondent

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JUDGES REDLICH, BEACH and KAYE JJA
WHERE HELD MELBOURNE
DATE OF HEARING 3 November 2016
DATE OF JUDGMENT 23 November 2016
MEDIUM NEUTRAL CITATION [2016] VSCA 277
JUDGMENT APPEALED FROM DPP v Lieu (Unreported, County Court of Victoria, Judge Coish, 26 June 2015)

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CRIMINAL LAW – Appeal – Sentence – Application for leave to appeal against sentence – One count each of trafficking a commercial quantity of a border controlled drug and conspiracy to import a commercial quantity of a border controlled drug – Principal offender in respect of two substantial drug businesses – Plea of guilty – Sentence of 25 years’ imprisonment with a non-parole period of 18 years – Whether sentence manifestly excessive – Use of ‘comparable cases’ – Sentence not outside range – Application refused.

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Appearances: Counsel Solicitors
For the Applicant Mr T Marsh Victoria Legal Aid
For the Respondent Mr L K Crowley Mr M Pedley, Solicitor for Public Prosecutions (Cth)

REDLICH JA:

  1. I have had the benefit of reading in draft the joint reasons of Beach and Kaye JJA and agree that leave to appeal should be refused for the reasons they have given.  

  1. The applicant placed significant reliance on ‘comparable cases’ in support of the submission that the sentences imposed on him were manifestly excessive.  The principles relating to the use of comparable cases have been discussed in a number of decisions of the High Court in Wong v The Queen;[1]  Hili v The Queen;[2]  Green v The Queen;[3]  Zirilli v The Queen;[4]  Barbaro v The Queen[5] and Rv Pham.[6]As Green, Barbaro and Pham followed after this Court’s decision in Hudson v The Queen[7], and as I discern that these decisions give a greater and also different emphasis to the importance of the role of comparable cases in the sentencing task, it is, I think, preferable to refer to the most current exposition of those principles in the High Court as summarised in Director of Public Prosecutions (Cth) v Thomas[8] rather than rely upon the earlier examination of principle as discussed in the joint reasons in Hudson in which I participated. 

    [1](2001) 207 CLR 584, 591 [6] (Gleeson CJ) (‘Wong’).

    [2](2010) 242 CLR 520, 534 [44], 535 [48]–[49] (‘Hili’).

    [3](2011) 244 CLR 462 (‘Green’).

    [4](2014) 253 CLR 58, 74 [40]–[41].

    [5](2014) 253 CLR 58 (‘Barbaro’).

    [6](2015) 325 ALR 400 (‘Pham’).

    [7](2010) 30 VR 610 (‘Hudson’).

    [8][2016] VSCA 237, [171]–[187] (‘Thomas’).

  1. In Thomas, the Court said:

It is convenient to commence with some brief consideration of the important function which the High Court has said comparable cases play in the task of sentencing. The joint reasons of French CJ, Crennan and Kiefel JJ in Green v R quoted with…

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Lieu v The Queen [2016] VSCA 277
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[2016] VSCA 277
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CaseChat Overview and Summary

In the matter of Lieu v The Queen, the appellant, Lieu, sought leave to appeal against his sentence in the High Court of Australia. Lieu had pleaded guilty to trafficking a commercial quantity of a border controlled drug and conspiracy to import a commercial quantity of a border controlled drug. As the principal offender in two substantial drug businesses, Lieu was sentenced to 25 years' imprisonment, with a non-parole period of 18 years. The central issue before the Court was whether the sentence imposed was manifestly excessive.

The Court examined the principles of sentencing in relation to drug trafficking and the appropriate range of sentences for such offences. It considered the gravity of the offences, Lieu's role as a principal offender, and the need for general and specific deterrence. The Court found that the sentence did not fall outside the range of sentences that could be considered appropriate for such offences, given the circumstances. The Court also noted the importance of considering comparable cases in determining whether a sentence was manifestly excessive. Ultimately, the Court concluded that Lieu's sentence was not outside the range of sentences that could be considered appropriate and refused the application for leave to appeal.

The High Court's decision highlights the importance of considering the totality of circumstances in sentencing, including the gravity of the offence and the offender's role. The Court also emphasised the need to consider comparable cases in determining whether a sentence is manifestly excessive. In this case, the Court found that Lieu's sentence was not outside the range of sentences that could be considered appropriate and, therefore, refused the application for leave to appeal.

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