Regina v McKendrick [1999] NSWCCA 87

Regina v McKendrick [1999] NSWCCA 87

The applicant's sentence was reduced on the ground that the significant disparity in sentences between the applicant and co-offender Shaitly, given the factual background and absence of special distinguishing factors, was likely to provoke a justified sense of grievance and warranted application of the parity principle.

Parties
Respondent: Regina; Applicant: Bradley John McKendrick
Jurisdiction
Australia
Judgment Date
16 April 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed; applicant resentenced and released to parole.
Legal Topics
Sentence, Parity With Co Offenders
Criminal Law Sentence Parity With Co Offenders

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Bradley John McKendrick

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant's sentence was disparate compared to a co-offender's sentence such that the principle of parity was breached

Ratio Decidendi

The applicant's sentence was reduced on the ground that the significant disparity in sentences between the applicant and co-offender Shaitly, given the factual background and absence of special distinguishing factors, was likely to provoke a justified sense of grievance and warranted application of the parity principle.

Court Disposition

Appeal allowed; sentence quashed; applicant resentenced and released to parole.

Orders

  • Application for leave to appeal granted.
  • Appeal allowed.