REGINA v. STEIN [1999] NSWCCA 250

REGINA v. STEIN [1999] NSWCCA 250

The sentencing judge was aware of the differences between the applicant and the co-offender, including that the applicant was sentenced for two robberies, but intended equality of sentence. In all the circumstances equality of treatment was appropriate, and because the applicant received a higher sentence than the co-offender, the Court intervened to quash the sentences and impose sentences reflecting that intended parity.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Application for Leave to Appeal Against Sentences / Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court
Outcome
Leave granted; appeal upheld; sentences quashed; applicant resentenced.
Legal Topics
['armed Robbery in Company' 'being Armed Did Assault With Intent to Rob' 'parity With Co Offender' 'disparity in Sentencing' 'special Circumstances' 'sentence Appeal']
['criminal Law' 'sentencing'] ['armed Robbery in Company' 'being Armed Did Assault With Intent to Rob' 'parity With Co Offender' 'disparity in Sentencing' 'special Circumstances' 'sentence Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentences / Appeal to the Court of Criminal Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the applicant's sentences should be disturbed because the sentencing judge intended equality of treatment with the co-offender but imposed a higher sentence on the applicant." "Whether the Court should intervene to give effect to the sentencing judge's intended parity despite differences in the charges faced by the applicant and co-offender."]

Ratio Decidendi

The sentencing judge was aware of the differences between the applicant and the co-offender, including that the applicant was sentenced for two robberies, but intended equality of sentence. In all the circumstances equality of treatment was appropriate, and because the applicant received a higher sentence than the co-offender, the Court intervened to quash the sentences and impose sentences reflecting that intended parity.

Court Disposition

Leave granted; appeal upheld; sentences quashed; applicant resentenced.

Orders

  • ['Leave be granted.' 'The appeal be upheld.' 'The sentences be quashed.' 'In lieu, the applicant be sentenced to four years penal servitude to date from 25 January 1998, comprising a minimum term of two and a half years and an additional term of 18 months.']