Lee v R [2021] NSWCCA 318

Lee v R [2021] NSWCCA 318

The sentencing judge had considered the applicant's exposure to investigative attention and the different roles and subjective circumstances of the applicant and the co-offender. The resulting differential in the aggregate sentence, non-parole period and indicative sentences was rational and significant, and did not give rise to a justifiable sense of grievance. Leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Heard Concurrently With the Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'parity Principle' 'co Offenders' 'justifiable Sense of Grievance' 'drug Trafficking' 'attempted Possession of Unlawfully Imported Border Controlled Drug']
['criminal Law' 'sentencing'] ['sentence Appeal' 'parity Principle' 'co Offenders' 'justifiable Sense of Grievance' 'drug Trafficking' 'attempted Possession of Unlawfully Imported Border Controlled Drug']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence Heard Concurrently With the Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to take into account that the applicant was exposed to the risk of investigative attention in a way that the co-accused generally was not.' 'Whether the overall sentence and non-parole period imposed on the applicant, compared with those imposed on the co-accused, gave rise to a justifiable sense of grievance under the parity principle.']

Ratio Decidendi

The sentencing judge had considered the applicant's exposure to investigative attention and the different roles and subjective circumstances of the applicant and the co-offender. The resulting differential in the aggregate sentence, non-parole period and indicative sentences was rational and significant, and did not give rise to a justifiable sense of grievance. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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