Belvie v R [2017] NSWCCA 36

Belvie v R [2017] NSWCCA 36

The difference in the sentences imposed reflects the fundamentally different statutory sentencing regimes, ages, and subjective circumstances involved; the disparity is justified and does not give rise to a justifiable sense of grievance. No error of law, fact, or principle is disclosed warranting appellate interference; leave to appeal against sentence is therefore refused.

Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence Refused
Outcome
Leave to appeal against sentence refused
Legal Topics
['sentencing' 'disparity' 'parity Principle' 'appeals']
['criminal Law'] ['sentencing' 'disparity' 'parity Principle' 'appeals']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence Refused

Legal Issues

  1. 1 ['Whether there is a justifiable sense of grievance due to purported sentencing disparity between adult and juvenile co-offenders' 'Whether the principles of parity and equal justice warrant interference with the applicant’s sentence']

Ratio Decidendi

The difference in the sentences imposed reflects the fundamentally different statutory sentencing regimes, ages, and subjective circumstances involved; the disparity is justified and does not give rise to a justifiable sense of grievance. No error of law, fact, or principle is disclosed warranting appellate interference; leave to appeal against sentence is therefore refused.

Court Disposition

Leave to appeal against sentence refused

Orders

  • ['Leave to appeal refused']