R v Jammas [2002] NSWCCA 329

R v Jammas [2002] NSWCCA 329

Taking into account the applicant's additional offences increased his total criminality and justified a higher sentence than his co-offender, notwithstanding the latter's worse criminal history; thus, there was no legitimate grievance concerning parity.

Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Criminal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal granted; appeal dismissed.
Legal Topics
['application for Leave to Appeal Against Sentence' 'parity of Sentences' 'sentencing']
['criminal Law'] ['application for Leave to Appeal Against Sentence' 'parity of Sentences' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the principle of parity was correctly applied in sentencing the applicant' 'Whether applicant has legitimate grievance regarding sentence disparity with co-offender']

Ratio Decidendi

Taking into account the applicant's additional offences increased his total criminality and justified a higher sentence than his co-offender, notwithstanding the latter's worse criminal history; thus, there was no legitimate grievance concerning parity.

Court Disposition

Application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for leave to appeal granted' 'Appeal dismissed']