Tsimingos v R [2021] NSWCCA 107

Tsimingos v R [2021] NSWCCA 107

The applicant had a justifiable sense of grievance, as his case was distinguishable from the co-offender's in several material respects: he was slightly less involved, had an early guilty plea (25% discount), demonstrated remorse, had highly favourable prospects of rehabilitation, a significant injury amounting to extra-curial punishment, and positive prospects of not reoffending. The application of the parity principle required a lesser sentence considering these differences. The original sentence was therefore set aside, and a new sentence reflecting these distinctions imposed.

Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Criminal Appeal / Court of Criminal Appeal (nsw) Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed; applicant re-sentenced
Legal Topics
['sentencing' 'parity Principle' 'manifest Excess' 'manufacture of Prohibited Drug']
['criminal Law'] ['sentencing' 'parity Principle' 'manifest Excess' 'manufacture of Prohibited Drug']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal (nsw) Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant was manifestly excessive' 'Whether the applicant had a justifiable sense of grievance regarding parity with sentence imposed on co-offender']

Ratio Decidendi

The applicant had a justifiable sense of grievance, as his case was distinguishable from the co-offender's in several material respects: he was slightly less involved, had an early guilty plea (25% discount), demonstrated remorse, had highly favourable prospects of rehabilitation, a significant injury amounting to extra-curial punishment, and positive prospects of not reoffending. The application of the parity principle required a lesser sentence considering these differences. The original sentence was therefore set aside, and a new sentence reflecting these distinctions imposed.

Court Disposition

Appeal allowed; applicant re-sentenced

Orders

  • ['The time for filing the notice of application for leave to appeal is extended until 17 February 2021.' 'Leave to appeal is granted.' 'The appeal is allowed.' 'The sentence imposed in the District Court is quashed.' 'In lieu thereof the applicant is sentenced to 8 years and 3 months imprisonment commencing on 20...