AMZ v R [2017] NSWCCA 184

AMZ v R [2017] NSWCCA 184

The applicant had a justifiable sense of grievance given the disparity between his sentence and Yazdani's, particularly as Yazdani was principal and convicted of more offences, while applicant had greater cooperation and better subjective case. Given Yazdani's lenient sentence was not so inadequate as to preclude relief, resentence was warranted to avoid injustice while not producing an erroneously lenient result.

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence Following Referral Under Part 7 Division 3 Crimes (appeal and Review) Act 2001 (nsw)
Outcome
Appeal allowed; sentence quashed and applicant resentenced to 12 years' imprisonment with non-parole period of 8 years commencing 15 February 2011, balance of term expiring 14 February 2023.
Legal Topics
['sentence Appeal' 'pari\u200bty Principle' 'supply of Drugs' 'participation in Criminal Group']
['criminal Law'] ['sentence Appeal' 'pari\u200bty Principle' 'supply of Drugs' 'participation in Criminal Group']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence Following Referral Under Part 7 Division 3 Crimes (appeal and Review) Act 2001 (nsw)

Legal Issues

  1. 1 ["Whether applicant's sentence was unjustifiably disparate compared to co-offender Yazdani's sentence and gave rise to a justifiable sense of grievance" "Whether reducing the applicant's sentence would render it erroneously lenient"]

Ratio Decidendi

The applicant had a justifiable sense of grievance given the disparity between his sentence and Yazdani's, particularly as Yazdani was principal and convicted of more offences, while applicant had greater cooperation and better subjective case. Given Yazdani's lenient sentence was not so inadequate as to preclude relief, resentence was warranted to avoid injustice while not producing an erroneously lenient result.

Court Disposition

Appeal allowed; sentence quashed and applicant resentenced to 12 years' imprisonment with non-parole period of 8 years commencing 15 February 2011, balance of term expiring 14 February 2023.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed.' 'The sentence imposed by Berman SC DCJ on 2 December 2011 is quashed.' 'In lieu thereof, the applicant is sentenced to imprisonment with a non-parole period of 8 years commencing 15 February 2011 and expiring on 14 February 2019 with a balance of term of...