R v Zabul [2001] NSWCCA 455

R v Zabul [2001] NSWCCA 455

The applicant did not establish a justifiable sense of grievance arising from parity. The sentencing judge properly considered the offences globally, including the objective seriousness, subjective circumstances, guilty pleas, special circumstances and totality. Any reduction would produce a manifestly lenient and inadequate sentence for serious robbery in company offences, so leave was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
17 October 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Before the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'robbery in Company' 'parity' 'legitimate Sense of Grievance' 'general Deterrence' 'totality' 'special Circumstances' 'guilty Pleas']
['criminal Law'] ['appeal Against Sentence' 'robbery in Company' 'parity' 'legitimate Sense of Grievance' 'general Deterrence' 'totality' 'special Circumstances' 'guilty Pleas']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal Before the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentences imposed for four offences of robbery in company, with one further offence taken into account on a Form 1, were affected by disparity when compared with the sentences imposed on co-offenders.' 'Whether the applicant was left with a justifiable or legitimate sense of grievance because his effective overall sentence was the same as co-offenders who had more offences or prior criminal history.' "Whether the doctrine of parity should be applied where reducing the applicant's sentence would produce an inadequate or manifestly lenient sentence."]

Ratio Decidendi

The applicant did not establish a justifiable sense of grievance arising from parity. The sentencing judge properly considered the offences globally, including the objective seriousness, subjective circumstances, guilty pleas, special circumstances and totality. Any reduction would produce a manifestly lenient and inadequate sentence for serious robbery in company offences, so leave was granted but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']