Jordan James Ataria v The Queen
[2011] NZSC 66
•17 June 2011
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 31/2011 [2011] NZSC 66 |
| JORDAN JAMES ATARIA |
| v |
| THE QUEEN |
| Court: Blanchard, Tipping and McGrath JJ |
| Counsel: R Lithgow QC for Applicant |
| Judgment: 17 June 2011 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
REASONS
The proposed appeal against sentence relates to an alleged disparity in the sentence given to Mr Ataria for his involvement in a serious assault by a group of people. He complains that the sentence of six years imprisonment imposed after trial was manifestly excessive when a comparison is made with a sentence of eight months’ home detention plus community work given to a youth who was also involved and who had pleaded guilty.
The Court of Appeal[1] concluded that the sentencing Judge considered that the starting point for the sentencing of the youth was low. If, as we think, the sentence imposed on Mr Ataria was appropriate, then the sentencing Judge was entitled not to place much weight on the other sentence. Mr Ataria was 22 at the time of the offending so he was quite a lot older than the youth. The difference in the sentencing levels reflected that fact and the different pleas.
[1] Simeon and Ataria v R [2010] NZCA 559.
Solicitors:
Crown Law Office, Wellington