Russell Tilley v The Queen

Russell Tilley appealed against his sentence to the Court of Appeal of the Supreme Court of Queensland. The appeal concerned the principle of parity in sentencing, particularly in light of a co-offender's sentence that had been reduced on appeal.

The central legal issue before the Court of Appeal was whether Mr Tilley's sentence was demonstrably excessive by reason of disparity with the sentence imposed on his co-offender, whose sentence had subsequently been reduced. The Court was required to consider whether the subjective circumstances of Mr Tilley were so significantly different from those of the co-offender as to justify the difference in their sentences.

The Court of Appeal reasoned that the principle of parity requires that like offenders should receive like sentences, absent any relevant distinctions. It noted that the co-offender's sentence had been reduced on appeal, and that Mr Tilley's subjective circumstances were not significantly different from those of the co-offender. The Court affirmed that a Crown concession alone is insufficient to justify upholding an appeal against sentence, referencing the principles established in *Postiglione v The Queen*.

The appeal was upheld in part.