CALIMBAS & VERGILLA v R [2010] NSWCCA 245

CALIMBAS & VERGILLA v R [2010] NSWCCA 245

Where the disparity between sentences is explained by the manifest inadequacy of sentences imposed upon co-offenders, there is no justification for appellate intervention in favour of a party whose sentence is otherwise appropriate.

Parties
Applicant: Curt Calimbas; Applicant: Oscar Vergilla; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 September 2010
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Determination of Sentence Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
Sentencing, Parity, Manifest Inadequacy, Appeal Against Sentence
Criminal Law Sentencing Parity Manifest Inadequacy Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Curt Calimbas

Applicant

Oscar Vergilla

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Determination of Sentence Appeal

Legal Issues

  1. 1 Whether disparity between sentences imposed on co-offenders Calimbas/Vergilla and Makira/Taniela justifies appellate intervention
  2. 2 Whether the sentences imposed on Makira and Taniela were manifestly inadequate

Ratio Decidendi

Where the disparity between sentences is explained by the manifest inadequacy of sentences imposed upon co-offenders, there is no justification for appellate intervention in favour of a party whose sentence is otherwise appropriate.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • Leave to appeal is granted.
  • Appeal dismissed.