R v RUSHBY [1999] NSWCCA 104

R v RUSHBY [1999] NSWCCA 104

The applicant did not have a justifiable sense of grievance because, although his early plea, contrition, assistance to authorities, and the co-offender's control order favoured him, those matters were outweighed by the applicant's responsibility for the anal intercourse and the significantly different basis on which the much younger co-offender was entitled to be sentenced. The sentence, while high, was within the proper range of the sentencing judge's discretion given the seriousness of the offence, the statutory and additional aggravating features, and comparable authority.

Jurisdiction
Australia
Judgment Date
24 May 1999
Procedural Posture
Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
["disparity Between Co Offenders' Sentences" 'parity Principle and Justifiable Sense of Grievance' 'co Offenders Sentenced by Different Judges' 'manifest Excess' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'youth and Rehabilitation in Sentencing' 'assistance to Authorities']
['criminal Law' 'sentencing'] ["disparity Between Co Offenders' Sentences" 'parity Principle and Justifiable Sense of Grievance' 'co Offenders Sentenced by Different Judges' 'manifest Excess' 'sexual Intercourse Without Consent in Circumstances of Aggravation' 'youth and Rehabilitation in Sentencing' 'assistance to Authorities']

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Procedural Posture

Criminal Law Sentencing Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether disparity between the applicant's sentence and the co-offender's sentence gave rise to a justifiable sense of grievance." "Whether the applicant's sentence was manifestly excessive by comparison with sentencing statistics." 'How differences in age, criminality, assistance to authorities, plea, and objective features of offending affected parity between co-offenders sentenced by different judges.']

Ratio Decidendi

The applicant did not have a justifiable sense of grievance because, although his early plea, contrition, assistance to authorities, and the co-offender's control order favoured him, those matters were outweighed by the applicant's responsibility for the anal intercourse and the significantly different basis on which the much younger co-offender was entitled to be sentenced. The sentence, while high, was within the proper range of the sentencing judge's discretion given the seriousness of the offence, the statutory and additional aggravating features, and comparable authority.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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