Millard v R [2018] NSWCCA 111

Millard v R [2018] NSWCCA 111

The applicant established a justifiable sense of grievance due to insufficient differentiation between his sentence and the co-offender's, given the applicant's significantly more favourable subjective circumstances and lesser criminal record. The ground of erroneous disparity was upheld, warranting resentencing to correct the error.

Parties
Applicant: Cooper Lindsay Millard; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; resentencing ordered
Legal Topics
Sentencing, Appeal Against Sentence, Disparity of Sentences, Assistance to Authorities, Manifest Excess
Criminal Law Sentencing Appeal Against Sentence Disparity of Sentences Assistance to Authorities Manifest Excess

Case Brief

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Parties

Cooper Lindsay Millard

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account the applicant's assistance to the authorities
  2. 2 Whether the sentencing judge failed to adequately expose reasons for imposing a sentence of three years full-time imprisonment
  3. 3 Whether sentence disparity with co-offender led to a justifiable sense of grievance

Ratio Decidendi

The applicant established a justifiable sense of grievance due to insufficient differentiation between his sentence and the co-offender's, given the applicant's significantly more favourable subjective circumstances and lesser criminal record. The ground of erroneous disparity was upheld, warranting resentencing to correct the error.

Court Disposition

Appeal allowed; resentencing ordered

Orders

  • Leave to appeal granted.
  • The sentence imposed by Judge Bennett SC on 23 February 2017 is quashed.