Lam v R; Lam v R [2015] NSWCCA 87

Lam v R; Lam v R [2015] NSWCCA 87

Disparity in sentences was justified by differences in role, degree of criminality, and subjective circumstances among the offenders. No unjustifiable disparity has been established. Leave to appeal granted in each case, but both appeals dismissed.

Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Sentence
Outcome
Leave to appeal granted; appeals dismissed
Legal Topics
['appeal Against Sentence' 'parity or Disparity in Sentencing' 'drug Offences' 'sentencing Principles']
['criminal Law'] ['appeal Against Sentence' 'parity or Disparity in Sentencing' 'drug Offences' 'sentencing Principles']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal and Appeal Against Sentence

Legal Issues

  1. 1 ['Whether there was a justifiable sense of grievance due to disparity in sentence imposed upon co-offender' 'Whether the disparity between sentences for co-offenders was unjustified']

Ratio Decidendi

Disparity in sentences was justified by differences in role, degree of criminality, and subjective circumstances among the offenders. No unjustifiable disparity has been established. Leave to appeal granted in each case, but both appeals dismissed.

Court Disposition

Leave to appeal granted; appeals dismissed

Orders

  • ['In each case, leave to appeal be granted, but the appeal be dismissed']