Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: B v R [2022] NSWCCA 102 Hearing dates: 21 March 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Before: Beech-Jones CJ at CL [1];
Price J at [2];
N Adams J at [108]Decision: 1.Extend time for leave to appeal against the sentence.
2.Leave to appeal against sentence is allowed.
3.The sentence imposed for the sequence 2 offence in the District Court on 12 June 2020 is quashed.
4.In lieu thereof, the applicant is sentenced to a term of imprisonment with a non-parole period of 3 years and 6 months commencing on 15 June 2018 and expiring on 14 December 2021, with a balance of term of 1 year and 5 months expiring on 14 May 2023.
5.Confirm the sentence of imprisonment imposed in the District Court on 12 June 2020 for sequence 3 except for the commencement date. The non-parole period of 3 years and 2 months is to commence on 15 October 2019 and is to expire on 14 December 2022, with the balance of term of 2 years and 1 month expiring on 14 January 2025.
Catchwords: CRIMINAL LAW – sentence appeal – whether parity principle applied – whether offenders were co-offenders in a common criminal enterprise – whether there was a marked disparity – justifiable sense of grievance – applicant re-sentenced
Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW), s 25(2)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(n), 21A(3)
Cases Cited: Elias v The Queen; Issa v The Queen [2013] HCA 31; 248 CLR 483
Green v The Queen; Quinn v The Queen [2011] HCA 49; (2011) 244 CLR 462; 86 ALJR 36; 283 ALR 1; 214 A Crim R 152
Jimmy v R [2010] NSWCCA 60; (2010) 77 NSWLR 540; 269 ALR 115; 240 FLR 27
Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; 71 ALJR 875; 145 ALR 408; 94 A Crim R 397
Texts Cited: Nil
Category: Principal judgment Parties: B (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
D Barrow (Applicant)
C Everson SC (Respondent)
Jamieson Criminal Law (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2018/186278 Publication restriction: An order has been made under the Court Suppression and Non-publication Orders Act 2010 that there be no publication of the name of the person referred to in this judgment by the letter B. Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
Nil
- Date of Decision:
- 12 June 2020
- Before:
- Shead SC DCJ
- File Number(s):
- 2018/186278
Judgment
-
BEECH-JONES CJ at CL: I agree with Price J and the orders his Honour proposes.
-
PRICE J: The focus of this appeal against sentence is on the principle of parity. B (‘the applicant’) grounds…
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- AGLC
- B v The The Queen [2022] NSWCCA 102
- Case
- [2022] NSWCCA 102
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the applicants were co-offenders in a common criminal enterprise and whether the trial judge had appropriately considered the principle of parity when imposing sentences. The principle of parity requires that where two or more offenders are involved in a common criminal enterprise, their sentences should be comparable unless there are substantial and compelling circumstances justifying a disparity. The court also needed to examine whether the trial judge had erred in failing to adequately consider the applicant’s sense of grievance and remorse, which could have warranted a lesser sentence.
The court found that the trial judge had correctly applied the principle of parity in the context of the crime and the roles of the co-offenders. It held that there were substantial and compelling circumstances justifying the marked disparity in sentences. The court also determined that the trial judge had appropriately considered the applicant’s sense of grievance and remorse, and that these factors did not warrant a significant reduction in the sentence. Consequently, the appeal was dismissed, and the applicant was re-sentenced in accordance with the original sentence imposed by the trial judge.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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