R v BARBER [2000] NSWCCA 485

R v BARBER [2000] NSWCCA 485

The applicant and Donna Ryan were not in like positions for sentencing purposes. Ryan pleaded guilty to all offences, showed contrition, provided utilitarian value by her pleas, had a comparatively good record, had not previously served imprisonment, had favourable character and employment evidence, and would suffer additional hardship from separation from her child. Those differences justified the lower sentence imposed on Ryan, and the disparity was not outside the proper range of the sentencing discretion.

Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supplying Prohibited Drugs' 'parity and Disparity Between Co Offenders' 'justifiable Sense of Grievance' 'guilty Pleas and Utilitarian Value' 'prior Criminal Record' 'hardship in Custody']
['criminal Law' 'sentencing'] ['supplying Prohibited Drugs' 'parity and Disparity Between Co Offenders' 'justifiable Sense of Grievance' 'guilty Pleas and Utilitarian Value' 'prior Criminal Record' 'hardship in Custody']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant was unjustifiably disparate when compared with the lower sentence imposed on his co-offender Donna Ryan.' 'Whether the differences between the applicant and the co-offender justified the sentencing disparity.']

Ratio Decidendi

The applicant and Donna Ryan were not in like positions for sentencing purposes. Ryan pleaded guilty to all offences, showed contrition, provided utilitarian value by her pleas, had a comparatively good record, had not previously served imprisonment, had favourable character and employment evidence, and would suffer additional hardship from separation from her child. Those differences justified the lower sentence imposed on Ryan, and the disparity was not outside the proper range of the sentencing discretion.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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