R v Van Huynh

The applicant, Van Huynh, was convicted of possession of the dangerous drug heroin in a quantity exceeding two grams following a trial. Huynh was sentenced to 12 years imprisonment. Huynh's co-offender pleaded guilty to the same offence and was sentenced to eight years imprisonment. Huynh argued that the disparity in sentences gave him a justifiable sense of grievance and that the disparity did not reflect the overall level of criminality in the behaviour of each offender. The court was required to consider whether the disparity in sentences between Huynh and his co-offender was justified.

The court examined the factors to be taken into account in sentencing, including the level of criminality involved in the offence. The court noted that the disparity in sentences was not unusual, as co-offenders often receive different sentences based on their individual involvement in the offence. The court held that the disparity in sentences reflected the overall level of criminality in the behaviour of each offender, with Huynh being more deeply involved in the offence than his co-offender. The court found that the disparity in sentences did not give Huynh a justifiable sense of grievance and that the sentence imposed was appropriate.

The court held that the disparity in sentences between Huynh and his co-offender was justified and did not reflect discrimination or a breach of the principle of parity. The court refused Huynh's application for leave to appeal against sentence.