Paul Christopher Wienand v The Queen

[2014] HCASL 177

PAUL CHRISTOPHER WIENAND

v

THE QUEEN

[2014] HCASL 177
S59/2014

1. On 10 August 2012, the applicant was sentenced by the District Court of New South Wales (Sorby J) to eight years imprisonment for the supply of a large commercial quantity of a prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). In this application, it is said that the principle of parity in sentencing was not observed because different sentences were imposed upon the applicant and another offender involved in the crime.

2. On 30 August 2013, the Court of Criminal Appeal of the Supreme Court of New South Wales by a majority (Hoeben CJ at CL and Schmidt J; McCallum J dissenting) dismissed the applicant's appeal.  The majority held that, in the circumstances of the case, having regard, in particular, to the significant differences in the personal circumstances of each offender, the difference in sentences was justified.  The correctness of that view was dependent upon the particular circumstances of the case and the evaluation of the significance of those circumstances by the Court of Criminal Appeal.

3. The applicant requires an extension of time to file an application for special leave to appeal to this Court.  No question of principle warranting the grant of special leave to appeal arises on this application.  The application for special leave should be refused.  An extension of time would therefore be futile. 

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 September 2014 P.A. Keane