SEN, Akin v R [2013] NSWCCA 30

SEN, Akin v R [2013] NSWCCA 30

Because the applicant and his co-offender had essentially the same objective criminality, the substantially greater sentence imposed on the applicant did not appropriately reflect the differences in their subjective circumstances and objectively gave rise to a justifiable sense of grievance. The appeal was allowed, the District Court sentence was quashed, and the applicant was re-sentenced with a head sentence of 4 years and 9 months and special circumstances found to permit a longer period of supervision and rehabilitation in the community.

Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal and Appeal Against Sentence From the District Court of New South Wales
Outcome
Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant re-sentenced.
Legal Topics
['sentence Appeal' 'parity With Co Offender' 'justifiable Sense of Grievance' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['sentence Appeal' 'parity With Co Offender' 'justifiable Sense of Grievance' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal and Appeal Against Sentence From the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the disparity between the applicant's sentence and his co-offender's sentence gave rise to a justifiable sense of grievance." 'Whether the applicant should be re-sentenced and whether special circumstances should be found.']

Ratio Decidendi

Because the applicant and his co-offender had essentially the same objective criminality, the substantially greater sentence imposed on the applicant did not appropriately reflect the differences in their subjective circumstances and objectively gave rise to a justifiable sense of grievance. The appeal was allowed, the District Court sentence was quashed, and the applicant was re-sentenced with a head sentence of 4 years and 9 months and special circumstances found to permit a longer period of supervision and rehabilitation in the community.

Court Disposition

Leave to appeal granted; appeal allowed; District Court sentence quashed; applicant re-sentenced.

Orders

  • ['Leave to appeal be granted.' 'Appeal allowed.' 'Sentence imposed on Mr Sen by the District Court on 20 May 2011 be quashed.' "Mr Sen be sentenced for each of the offences of robbery in company and aggravated detain for advantage without consent committed on 23 January 2008, to a non-parole period of 3 years'...