Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: P v R [2023] NSWCCA 297 Hearing dates: 16 October 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Before: Davies J at [1]
Fagan J at [2]
Dhanji J at [3]Decision: (1) Leave to appeal granted.
(2) Appeal dismissed.
Catchwords: CRIME – Appeals – Appeal against sentence – leave to appeal granted – parity – whether applicant has a justifiable grievance in light of the sentences imposed on the co-offenders – manufacture of a large commercial quantity of MDMA – criminal enterprise – group of four offenders – where two co-offenders previously successfully appealed sentences to achieve parity with applicant – where applicant was slightly lower in hierarchy than co-offenders – differentiation justified by other factors – no justifiable sense of grievance established – appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act1900 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Bahcekapili v R [2020] NSWCCA 296
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Nahlous v R (2010) 77 NSWLR 463; [2010] NSWCCA 58
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v Waqa (No 2) (2005) 156 A Crim R 454; [2005] NSWCCA 33
Redfern v R (2012) 228 A Crim R 56; [2012] NSWCCA 178
Schembri v Regina [2010] NSWCCA 149
Category: Principal judgment Parties: P (Applicant)
Rex (Respondent)Representation: Counsel:
Solicitors:
A Chhabra with P Ye (Applicant)
V Garrity (Respondent)
Toomey Defence Lawyers (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2018/00091930 Publication restriction: Pseudonym used in accordance with the non-publication orders made by the Court of Criminal Appeal on 16 October 2023. Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 19 October 2020
- Before:
- Turnbull SC DCJ
- File Number(s):
- 2018/00091930
JUDGMENT
-
DAVIES J: I agree with Dhanji J.
-
FAGAN J: I agree with Dhanji J.
-
DHANJI J: The applicant, P, was sentenced in the District Court on 19 October 2020, having pleaded guilty to the following offences:
Count 1: participate in a criminal group contrary to s 93T(1) of the Crimes Act1900 (NSW) (maximum penalty of 5 years imprisonment); and
Count 2: manufacture a prohibited drug, namely 3,4-Methylenedioxyamphetamine (MDMA) in an amount greater than the large commercial quantity contrary to s 24(2) of the Drug Misuse and Trafficking Act 1985 (NSW) (maximum penalty of life imprisonment).
-
In relation to count 2, two offences were taken into account on a Form 1. They were charges of recklessly deal with proceeds of crime contrary to s 193B(3) of the Crimes Act and supply…
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- AGLC
- P v The King [2023] NSWCCA 297
- Case
- [2023] NSWCCA 297
- Decision Date
CaseChat Overview and Summary
The court considered the hierarchy within the criminal enterprise and the roles played by each of the four offenders. It was noted that the appellant was slightly lower in the hierarchy than two of his co-offenders. Despite this, the court found that the differentiation in sentences was justified by other factors, including the extent of each individual's involvement and their respective roles in the enterprise. The court concluded that the appellant had not established a justifiable sense of grievance regarding the disparity in sentences.
In light of the reasoning, the appeal was dismissed. The court held that the appellant's sentence was appropriately reflective of his role and involvement in the criminal activity, and there was no basis for the appellant to feel aggrieved by the sentences imposed on his co-offenders. The court's decision emphasised the importance of considering the individual circumstances and roles of offenders within a criminal enterprise when determining appropriate sentences.
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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