Chapman v R [2023] NSWCCA 259

Chapman v R [2023] NSWCCA 259

No appellable error was shown in the refusal to find special circumstances: the sentencing judge had taken account of COVID-19 and the applicant's injuries in setting the head sentence, was entitled to find guarded prospects of rehabilitation given his prior failures and offending while on parole, and could conclude that the minimum period of incarceration was 3 years and 9 months. The parity ground failed because the applicant and Radi El Dirani were not co-offenders in the same criminal enterprise; the applicant was one of Mr El Dirani's customers and the parity principle did not apply.

Jurisdiction
Australia
Judgment Date
13 October 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['special Circumstances' 'parity Principle' 'drug Supply' 'driving While Licence Cancelled' 'sentence Appeal']
['criminal Law' 'sentencing' 'criminal Appeals'] ['special Circumstances' 'parity Principle' 'drug Supply' 'driving While Licence Cancelled' 'sentence Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in declining to find special circumstances so as to alter the relationship between the head sentence and the non-parole period.' "Whether the applicant's sentence was excessive compared with the sentence imposed on Radi El Dirani, and whether the parity principle applied."]

Ratio Decidendi

No appellable error was shown in the refusal to find special circumstances: the sentencing judge had taken account of COVID-19 and the applicant's injuries in setting the head sentence, was entitled to find guarded prospects of rehabilitation given his prior failures and offending while on parole, and could conclude that the minimum period of incarceration was 3 years and 9 months. The parity ground failed because the applicant and Radi El Dirani were not co-offenders in the same criminal enterprise; the applicant was one of Mr El Dirani's customers and the parity principle did not apply.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal;' 'Dismiss the appeal.']