Daniel Noel Dislakis v The Queen

The applicant, Daniel Noel Dislakis, sought leave to appeal against his sentence of three years and six months imprisonment, imposed by the County Court of Victoria, for trafficking in a drug of dependence. The applicant's appeal against conviction was dismissed by the Court of Appeal, which affirmed the original conviction. The applicant's primary argument for leave to appeal against sentence was based on the principle of parity with his co-accused, who received a sentence of four years imprisonment. The legal issues before the court were whether the sentence imposed on the applicant was manifestly excessive, and whether the Court of Appeal had erred in not granting leave to appeal against sentence on the ground of parity with the co-accused.

The court found that the sentence imposed on the applicant was not manifestly excessive and did not breach the principle of parity with the co-accused. In considering the parity argument, the court noted that while the co-accused had a longer sentence, it was not so disproportionate as to render the applicant's sentence manifestly excessive. The court found that the sentencing judge had taken into account relevant factors, including the applicant's role in the offence and the amount of drugs involved, and had exercised their discretion appropriately. The court also found that the applicant had not demonstrated that the sentence was plainly unjust or that there had been a breach of the principle of parity.

Accordingly, the court refused the applicant's application for leave to appeal against sentence. The court noted that the applicant's sentence was within the range of sentences that could be imposed for the offence of trafficking in a drug of dependence, and that the sentencing judge had exercised their discretion in a manner that was not manifestly unjust. The court also found that the principle of parity did not require the applicant to receive a sentence identical to that of his co-accused, but rather that the sentences should be comparable in the context of the particular case. The applicant's application for leave to appeal against sentence was therefore dismissed.