Reardon v R [2012] NSWCCA 46

Reardon v R [2012] NSWCCA 46

The differences between the applicant's sentence and the sentences imposed on his co-offenders did not amount to a marked disparity giving rise to a justifiable sense of grievance. Any apparent calculation difference concerning Mr Greenaway did not show an error in the applicant's sentence, and the lower sentences...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 March 2012
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['parity With Co Offenders' 'justifiable Sense of Grievance' 'drug Manufacture' 'early Plea Discount' 'totality, Accumulation and Concurrence']
['criminal Law' 'sentencing'] ['parity With Co Offenders' 'justifiable Sense of Grievance' 'drug Manufacture' 'early Plea Discount' 'totality, Accumulation and Concurrence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ["Whether the sentences imposed on the applicant's co-offenders created a marked disparity giving rise to a justifiable sense of grievance." "Whether any difference between the applicant's sentence and Mr Greenaway's sentence resulted from an arithmetic error or a failure to apply parity." 'Whether the lower sentences imposed on Mr Callagher and Mr McGreevey were explained by relevant differences in their roles, benefits, assistance and criminal histories.']

Ratio Decidendi

The differences between the applicant's sentence and the sentences imposed on his co-offenders did not amount to a marked disparity giving rise to a justifiable sense of grievance. Any apparent calculation difference concerning Mr Greenaway did not show an error in the applicant's sentence, and the lower sentences for Mr McGreevy and Mr Callagher were explained by their less significant roles, lesser benefits, assistance discounts and other distinguishing features.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']