Bisasa v R [2023] NSWCCA 251

Bisasa v R [2023] NSWCCA 251

The differentiation in sentence between the applicant and Mr Ozgen was justified based on the applicant's higher role, the co-offender's youth and subjective circumstances, and the sentencing judge's express consideration of parity. No justifiable sense of grievance was established; the sentencing judge's approach was open on the facts and consistent with relevant legal principles.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['sentencing' 'appeal Against Sentence' 'parity Principle' 'attempted Possession of Border Controlled Drug']
['criminal Law'] ['sentencing' 'appeal Against Sentence' 'parity Principle' 'attempted Possession of Border Controlled Drug']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether disparity in sentences between applicant and co-offender gave rise to a justifiable sense of grievance' "Whether co-offender's lesser sentence was justified by lesser role in offending, youth and more favourable subjective circumstances" 'Whether sentencing judge properly addressed parity']

Ratio Decidendi

The differentiation in sentence between the applicant and Mr Ozgen was justified based on the applicant's higher role, the co-offender's youth and subjective circumstances, and the sentencing judge's express consideration of parity. No justifiable sense of grievance was established; the sentencing judge's approach was open on the facts and consistent with relevant legal principles.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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