Regina v Dukino; Regina v Moshref [2003] NSWCCA 379

Regina v Dukino; Regina v Moshref [2003] NSWCCA 379

Leave to appeal was granted but the appeals were dismissed because no sentencing error was shown. Dukino's plea was not entered at the first opportunity, so the 15 percent discount was open. The sentencing judge properly considered parity by balancing the offenders' ages, roles, conditional liberty and other relevant circumstances. Moshref's fewer convictions did not require a different sentence because criminal antecedents were assessed qualitatively and all three histories required personal deterrence. The totality principle was applied in the structuring of Moshref's concurrent and partly consecutive sentences, and the custody-date point had been raised before the sentencing judge and...

Jurisdiction
Australia
Judgment Date
12 December 2003
Procedural Posture
Criminal Appeal Against Severity of Sentence / Applications for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave granted to appeal but appeals dismissed.
Legal Topics
['robbery in Company' 'parity of Sentence' 'totality' 'guilty Plea Discount' 'use of Criminal Record' 'form 1 Offences' 'conditional Liberty']
['criminal Law' 'sentencing' 'criminal Appeals'] ['robbery in Company' 'parity of Sentence' 'totality' 'guilty Plea Discount' 'use of Criminal Record' 'form 1 Offences' 'conditional Liberty']

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Procedural Posture

Criminal Appeal Against Severity of Sentence / Applications for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether Dukino should have received a 25 percent discount for his guilty plea rather than 15 percent.' 'Whether the sentences imposed on Dukino and Moshref infringed parity principles when compared with their co-offenders.' 'Whether the sentences were manifestly excessive.' "Whether Moshref's fewer prior convictions required a lesser sentence than his co-offenders received." "Whether the sentencing judge failed to apply the principle of totality to Moshref's sentences." "Whether the sentencing judge erred by failing to take into account Moshref's time in custody from 3 July 2002."]

Ratio Decidendi

Leave to appeal was granted but the appeals were dismissed because no sentencing error was shown. Dukino's plea was not entered at the first opportunity, so the 15 percent discount was open. The sentencing judge properly considered parity by balancing the offenders' ages, roles, conditional liberty and other relevant circumstances. Moshref's fewer convictions did not require a different sentence because criminal antecedents were assessed qualitatively and all three histories required personal deterrence. The totality principle was applied in the structuring of Moshref's concurrent and partly consecutive sentences, and the custody-date point had been raised before the sentencing judge and...

Court Disposition

Leave granted to appeal but appeals dismissed.

Orders

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