Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Piao v R [2019] NSWCCA 154 Hearing dates: 3 May 2019 Decision date: 12 July 2019 Before: Basten JA at [1];
R A Hulme J at [12];
Fagan J at [48]Decision: 1. Extension of time to file Notice of Application for Leave to Appeal to 19 December 2018 granted.
2. Leave to appeal granted.
3. Appeal against sentence dismissed.Catchwords: SENTENCING — appeal against sentence — co-offenders — disparity between sentences – whether legitimate sense of grievance arising from disparity – assessment of disparity based on objective criteria – consideration of basis upon which co-offenders sentenced – differences in statements of agreed facts and subjective cases between applicant and co-offenders – no justifiable grievance assessed by reference to objective criteria – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 93T
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)Cases Cited: Baquiran v R [2014] NSWCCA 221
Fenech v R [2018] NSWCCA 160
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46
Nasiri v R [2019] NSWCCA 16
PG v R [2017] NSWCCA 179
R v Yiu; R v Yau [2018] NSWCCA 155
Wright (a pseudonym) v R [2017] NSWCCA 289Category: Principal judgment Parties: Jian Piao (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr M Mantaj (Applicant)
Ms H Roberts (Crown)
Conditsis Lawyers
Solicitor for Public Prosecutions
File Number(s): 2016/114612 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 31 August 2017
- Before:
- Maiden SC DCJ
- File Number(s):
- 2016/114612
[This headnote is not to be read as part of the judgment]
Mr Jian Piao (the applicant) pleaded guilty to an offence of supplying methylamphetamine in an amount not less than the large commercial quantity. Along with two co-offenders, the applicant had been involved in an attempt to supply one kilogram of methylamphetamine to an undercover police officer. The applicant counted the money ($110,000) and retrieved the drugs from his nearby apartment, then brought the drugs back to the undercover police officer, at which point all three were arrested.
The applicant was sentenced to imprisonment for 9 years with a non-parole period of 6 years in August 2017. The co-offenders were sentenced together several months later by the same sentencing judge in March 2018 for the same offence, and each received a sentence of 3 years with a non-parole period of 2 years. After a Crown appeal against the inadequacy of those sentences, the Court of Criminal Appeal resentenced each co-offender to imprisonment for 6 years with a non-parole period of 4 years.
Soon after the resentencing of his co-offenders, the applicant sought leave to appeal on the following grounds:
1. The sentences imposed on the applicant’s co-offenders, Mung Yi Yau and Cheuk Hang Yiu give rise to a justifiable sense of grievance…
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- AGLC
- Piao v The Queen [2019] NSWCCA 154
- Case
- [2019] NSWCCA 154
- Decision Date
CaseChat Overview and Summary
The legal questions before the court involved whether the appellant's sense of grievance concerning the disparity in sentences was legitimate and whether the assessment of that disparity should be based on objective criteria. Additionally, the court examined the basis upon which the co-offenders were sentenced and the differences in the statements of agreed facts and subjective cases between the appellant and his co-offenders. The court considered whether these differences warranted a justifiable grievance based on objective criteria.
The High Court found that, while the appellant's sense of grievance was legitimate, it did not amount to a justifiable grievance when assessed against objective criteria. The court emphasised the importance of considering the basis upon which the co-offenders were sentenced and the differences in their respective statements of agreed facts and subjective cases. Ultimately, the court held that the disparity in sentences did not render the appellant's sentence unjust or inappropriate. Consequently, the appeal was dismissed, and leave to appeal was granted solely to address the issue of the sentence's legitimacy.
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