New South Wales
Court of Criminal Appeal
CITATION: WU v R [2010] NSWCCA 286 HEARING DATE(S): 11 August 2010
JUDGMENT DATE:
7 December 2010JUDGMENT OF: McClellan CJatCL at 1; Hulme J at 2; Davies J at 51 DECISION: (i) Grant leave to appeal;
(ii) Allow the appeal;
(iii) Confirm the sentence imposed by Williams DCJ on the charge of, on 21 December 2007, supplying a commercial quantity of 4-bromo-2,5-dimethoxyphenethylamine;
(iv) Quash the sentences imposed on counts (ii) and (iii);
(v) In respect of the offence of, on 21 December 2007, supplying a large commercial quantity of 4-bromo-2,5-dimethoxyphenethylamine, sentence the Applicant to imprisonment for a non-parole period of 5 years commencing on 21 December 2008 and a further term of 4 years commencing on 21 December 2013;
(vi) In respect of the offence of, between 13 November and 21 December 2007, supplying a large commercial quantity of 4-bromo-2,5-dimethoxyphenethylamine, sentence the Applicant to imprisonment for a non-parole period of 5 years commencing on 21 December 2008 and a further term of 4 years commencing on 21 December 2013;
(vii) Record as the date upon which it appears to the Court that the Applicant shall become eligible for parole, 21 December 2013.PARTIES: Tianhao Roy WU
ReginaFILE NUMBER(S): CCA 2009/5535 COUNSEL: Applicant: D Carroll
Respondent: PM MillerSOLICITORS: Applicant: S O'Connor
Respondent: S KavanaghLOWER COURT JURISDICTION: District Court LOWER COURT JUDICIAL OFFICER: Williams DCJ
2009/5535
Tuesday, 7 December 2010McCLELLAN CJ at CL
R S HULME J
DAVIES J
1 McCLELLAN CJ AT CL: I agree with RS Hulme J.
: On 3 July 2009 this Applicant for leave to appeal was sentenced by Williams DCJ in respect of 3 offences. The offences and the sentences imposed were:-
(ii) On 21 December 2007, the supply of a large commercial quantity of a prohibited drug, viz. 137.4 grams of Nexus – imprisonment for a period of 9 years, including a non-parole period of 6 years both periods commencing on 21 December 2008;(i) On 21 December 2007, the supply of a commercial quantity of a prohibited drug, viz. 32.4 grams of Nexus – imprisonment for a period of 6 years, including a non-parole period of 4 years both periods commencing on 21 December 2007;
- (iii) Between 13 November and 21 December 2007, the supply of a large commercial quantity of a prohibited drug, viz. Nexus - imprisonment for a period of 9 years, including a non-parole period of 6 years both periods commencing on 21 December 2008.
3 The effective sentence thus imposed consisted of a full term of 10 years including a non-parole period of 7 years.
4 Pursuant to s 25(2) and s 33 of the Drug Misuse and Trafficking Act 1985, the first of his offences rendered the Applicant liable to imprisonment for 20 years and the second and third to imprisonment for life. Standard non-parole periods of 10 years and 15 years respectively are prescribed for the…
Continue reading Wu v The Queen
Sign in free to access the full text
- AGLC
- Wu v The Queen [2010] NSWCCA 286
- Case
- [2010] NSWCCA 286
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.