Application by Matthew Soames pursuant to s 78 Crimes (Appeal and Review) Act 2001

Matthew Soames sought a referral to the Court of Criminal Appeal under section 78 of the Crimes (Appeal and Review) Act 2001, arguing there was a doubt or question as to the fairness of his sentence in relation to his co-offenders. The dispute arose from the sentencing of Soames and his co-offenders for their involvement in the supply of a large commercial quantity of a precursor drug. The applicants' sentences were dealt with separately, with Soames' appeal being determined first. Following the correction of errors in the sentencing of his co-offenders, their sentences were reduced. This led to a disparity in sentences, particularly concerning Soames' position as a first-time offender compared to his co-offenders who had criminal records and were on bail at the time of the offending. The application was heard in the Court of Appeal.

The central legal issue before the court was whether the disparity in sentences between Soames and his co-offenders constituted a doubt or question about the fairness of his sentence. This required an examination of the circumstances of the offending, the respective roles of the offenders, and the impact of the errors in the initial sentencing of the co-offenders. The court needed to determine if the reduction in the co-offenders' sentences, due to judicial errors, warranted a referral to the Court of Criminal Appeal to address the perceived disparity.

The court found that there was indeed a doubt or question as to the fairness of the disparity in sentences between Soames and his co-offenders. The court acknowledged the significant reduction in the co-offenders' sentences following the correction of judicial errors, which had not been previously considered in the appeals process. The relative positions of Soames and his co-offenders in the hierarchy of offending were taken into account, with the court highlighting Soames' status as a first-time offender and the criminal histories of his co-offenders. Given these factors, the court concluded that the matter warranted referral to the Court of Criminal Appeal to address the issue of sentence disparity.

The court ordered the referral of the matter to the Court of Criminal Appeal to consider the question of sentence disparity between Matthew Soames and his co-offenders. This referral was made in light of the court's finding that there was a doubt or question about the fairness of the disparity in their sentences, which had not been previously addressed in the appeals process.