CITATION: Regina v Liu [2005] NSWCCA 378
HEARING DATE(S): 25 October 2005
JUDGMENT DATE:
25 October 2005JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 45; Hoeben J at 68
DECISION: Appeal dismissed (by majority)
CATCHWORDS: CRIMINAL LAW - appeal against sentence - importing a prohibited import being not less than the commercial quantity of heroin - whether the sentence is manifestly excessive - objective seriousness of offence - plea of guilty - delay - hardship of being separated from son - hardship caused to son by separation - whether justifiable sense of grievance when considering the sentence imposed on the co-accused
LEGISLATION CITED: Customs Act 1901
Crimes Act 1914CASES CITED: R v Boyle (1987) 34 A Crim R 202
R v Edwards (1996) 90 A Crim R 510
R v Postiglione (1996-97) 189 CLR 295
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Wirth (1976) 14 SASR 291
Wong v The Queen (2001) 207 CLR 584PARTIES: The Crown
Piu Man LiuFILE NUMBER(S): CCA 2005/1175
COUNSEL: W J Abraham QC (Crown)
R Burgess (Appl)SOLICITORS: Commonwealth Director of Public Prosecutions (Crown)
Legal Aid Commission of NSW (Appl)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/11/0975
LOWER COURT JUDICIAL OFFICER: Hock DCJ
2005/1175
TUESDAY 25 OCTOBER 2005McCLELLAN CJ at CL
ADAMS J
HOEBEN J
1 McCLELLAN CJ at CL: The applicant pleaded guilty to importing a prohibited import being not less than the commercial quantity of heroin contrary to s 233B(1)(b) of the Customs Act 1901. She was sentenced to eight years imprisonment with a non-parole period of four years. The sentence dates from 8 August 2002.
2 On the same day on which the applicant was sentenced her co-offender Sin Chin Wong pleaded guilty to a charge of importing not less than the trafficable quantity of heroin, he was sentenced to eight years imprisonment with a non-parole period of five and a half years.
3 The history of the matter from the date upon which the applicant was taken into custody is unusual. She originally pleaded guilty on 16 December 2002 and the matter was adjourned for sentence. Mr Wong stood trial on 17 December 2002 but that jury was discharged. On 31 January 2003 the applicant reversed her plea and stood trial jointly with Mr Wong on seven separate occasions. The trials aborted on six occasions for different reasons. Both the applicant and Mr Wong relied on a defence of duress. In the only trial which was completed the jury were unable to agree.
4 The applicant was pregnant to Mr Wong when she was arrested in Sydney and on 10 March 2003 she gave birth in custody to her only child, Dylan. The child was initially taken from her but the applicant was subsequently admitted to the Mothers and Children’s Residential Program at Jacaranda Cottages where her child has been able to live with her. The situation is obviously…
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- AGLC
- R v Liu [2005] NSWCCA 378
- Case
- [2005] NSWCCA 378
- Decision Date
CaseChat Overview and Summary
The court considered the objective seriousness of the offence, which involved a large quantity of heroin. The court also noted Liu's plea of guilty, which resulted in a discount to the sentence. However, the court found that the delay in the proceedings and the hardship caused to Liu and his son did not justify a reduction in sentence. The court also found that Liu's sense of grievance in relation to the sentence imposed on his co-accused was not justifiable. The court held that the sentence imposed was not manifestly excessive and dismissed the appeal.
The court held that the sentence imposed on Liu was proportionate to the objective seriousness of the offence, taking into account all relevant factors. The court found that the delay in the proceedings and the hardship caused to Liu and his son did not warrant a reduction in sentence. The court also found that Liu's sense of grievance in relation to the sentence imposed on his co-accused was not justifiable. The court dismissed the appeal and upheld the original sentence.
No orders were made.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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