Kiraz v R [2023] NSWCCA 177

Kiraz v R [2023] NSWCCA 177

Leave to appeal granted but both grounds dismissed: The aggregate sentence reflected the totality of criminality, including overlap in seriousness, and was within the proper bounds of discretion. Parity principle did not apply since Kiraz and Mehmed were not co-offenders in the same criminal enterprise.

Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Appeal Against Sentence / Judgment on Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'aggregate Sentencing' 'manifest Excess' 'totality Principle' 'parity Principle' 'drug Offences' 'weapons Offences']
['criminal Law'] ['appeal Against Sentence' 'aggregate Sentencing' 'manifest Excess' 'totality Principle' 'parity Principle' 'drug Offences' 'weapons Offences']

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Procedural Posture

Appeal Against Sentence / Judgment on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Was the aggregate sentence manifestly excessive or unreasonable?' 'Was there a justifiable sense of grievance due to disparity with sentence imposed on Eren Mehmed (parity principle)?']

Ratio Decidendi

Leave to appeal granted but both grounds dismissed: The aggregate sentence reflected the totality of criminality, including overlap in seriousness, and was within the proper bounds of discretion. Parity principle did not apply since Kiraz and Mehmed were not co-offenders in the same criminal enterprise.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

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