Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: R v Li [2014] NSWCCA 327 Hearing dates: 23/10/2014 Decision date: 19 December 2014 Before: Fullerton J at [1];
R A Hulme J at [60];
Garling J at [62]Decision: 1. Appeal allowed.
2. The sentences imposed in the District Court on 12 June 2014 are quashed.
3. In lieu thereof, the following sentences are imposed:
a.For the supply count: Imprisonment for 10 years comprising a non-parole period of 7 years 6 months commencing on 30 October 2012 and expiring on 29 April 2020 with a balance of term of 2 years and 6 months expiring on 29 October 2022.
b.For the conspiracy count: Imprisonment for 7 years comprising a non-parole period of 4 years 4 months commencing on 30 October 2012 and expiring on 29 February 2017 with a balance of term of 2 years and 8 months expiring on 29 October 2019.
Catchwords: CRIMINAL LAW - Crown appeal against sentence - knowingly take part in supply of prohibited drug - conspiracy to supply prohibited drug - whether sentence is manifestly inadequate Legislation Cited: Crimes Act 1900 (NSW), s 193B(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(1)(n), 44(2)
Criminal Appeal Act 1912 (NSW), s 5D
Drug Misuse and Trafficking Act 1985 (NSW), ss 25(2), 26Cases Cited: Bugmy v The Queen [2013] HCA 27; 249 CLR 571
Muldrock v R [2011] HCA 39; 244 CLR 120
R v Booth [2014] NSWCCA 156
R v DW [2012] NSWCCA 66; 221 A Crim R 63
R v RD [2014] NSWCCA 103
R v Robinson [2014] NSWCCA 12Category: Principal judgment Parties: The Crown (Applicant)
Man Kit Li (Respondent)Representation: Counsel:
P Ingram SC (Crown)
WP Lowe (Respondent)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Ren Zhou Lawyers (Respondent)
File Number(s): 2012/338731 Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2014-06-12 00:00:00
- Before:
- Jeffreys DCJ
- File Number(s):
- 2012/338731
Judgment
FULLERTON J: On 12 June 2014, the respondent was sentenced in the District Court after pleading guilty to one count of knowingly taking part in the supply of a prohibited drug, namely 24.9782 kilograms of methylamphetamine, being not less than the large commercial quantity applicable to that prohibited drug ("the supply count") contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). That offence attracts a maximum penalty of life imprisonment, to which a standard non-parole period of 15 years applies.
He was also sentenced on a further count of conspiring with an unknown person to supply a prohibited drug, also methylamphetamine, in an amount of 5 kilograms, being an amount not less than the large commercial quantity applicable to that drug ("the conspiracy count") contrary to s 26 of the Drug Misuse and Trafficking Act. That offence attracts a maximum penalty of life imprisonment. The sentencing judge mistakenly assumed that the conspiracy count also attracted a standard non-parole period of 15 years (R v DW [2012] NSWCCA 66; 221 A…
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- AGLC
- R v Li [2014] NSWCCA 327
- Case
- [2014] NSWCCA 327
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included the criteria for determining when a sentence is manifestly inadequate and the appropriate considerations for sentencing in cases involving drug supply conspiracies. The court examined the principles established in previous case law, including the need for sentences to reflect the gravity of the crime, to provide deterrence, and to ensure that the sentence is proportionate to the offender’s culpability. The court also considered the specific circumstances of the case, including the nature and extent of the offender's involvement in the drug supply conspiracy.
The Court of Appeal found that the sentence imposed was indeed manifestly inadequate. The primary judge had failed to sufficiently account for the seriousness of the offences and the need for general deterrence. The court held that the sentence did not adequately reflect the gravity of the crimes or the need to protect the community from such activities. Consequently, the appeal was allowed, and the matter was remitted to the primary judge for re-sentencing. The court provided detailed guidance on the appropriate considerations for the re-sentencing, emphasising the need for a sentence that would reflect the true gravity of the crimes and serve as a deterrent to others who might consider engaging in similar activities.
Orders
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Background
Background to the litigation
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Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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