Wee Quay Tan aka Chin Kwang Lee v The Queen
[2014] HCASL 211
WEE QUAY TAN aka CHIN KWANG LEE
v
THE QUEEN
[2014] HCASL 211
M85/2014
The applicant pleaded guilty in the Supreme Court of Victoria (Kellam J) to aiding and abetting the importation of a commercial quantity of heroin into Australia[1]. The applicant was a participant in a sophisticated scheme involving the importation of 150 kilograms of heroin into Australia on board the MV Pong Su. On 8 May 2006, the applicant was sentenced to 24 years' imprisonment with a non-parole period of 16 years[2].
[1]Customs Act 1901 (Cth), ss 233B(1), 235.
[2]R v Wee Quay Tan [2006] VSC 177.
The applicant appealed against the severity of the sentence to the Court of Appeal of the Supreme Court of Victoria (Maxwell P, Ashley JA and Lasry AJA) on grounds of manifest excess and error in the application of sentencing principle and in fact-finding. On 19 June 2009, the Court of Appeal dismissed the appeal.
By application filed on 2 September 2014, the applicant applies for special leave to appeal. The application is substantially out of time[3]. The applicant seeks an order dispensing with compliance with the time limit[4].
[3]High Court Rules 2004 (Cth), r 41.02.1 provides that an application shall be filed within 28 days after the judgment below was pronounced.
[4]High Court Rules 2004 (Cth), r 41.02.2.
The applicant does not have legal representation and his application falls to be determined under r 41.10 of the High Court Rules 2004 (Cth).
The application does not raise any question of principle that would warrant consideration by this Court. If special leave to appeal were granted, the appeal would have insufficient prospects of success. It follows that there is no utility in making an order enlarging the time in which to bring the application.
The application is dismissed.
Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.
V.M. Bell
10 December 2014S.J. Gageler
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