DIEP, Danny v R [2013] NSWCCA 39

DIEP, Danny v R [2013] NSWCCA 39

The significant disparity between the sentences given to the applicant and his co-offender, despite similar levels of culpability and the applicant's greater assistance and lack of prior convictions, gave rise to a justifiable sense of grievance such that the applicant's sentence should be reduced to ensure parity and justice.

Jurisdiction
Australia
Judgment Date
25 February 2013
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentence on Appeal
Outcome
Leave to appeal granted; appeal allowed; applicant resentenced
Legal Topics
['aggravated Robbery' 'plea of Guilty' 'co Offender Parity' 'sentencing' 'appeal Against Sentence']
['criminal Law'] ['aggravated Robbery' 'plea of Guilty' 'co Offender Parity' 'sentencing' '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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence; Re Sentence on Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed on the applicant was manifestly excessive' 'Whether there was a justifiable disparity between the sentences given to co-offenders committing the same crime' 'Whether sufficient discount for plea of guilty and assistance to authorities was granted' "Whether the applicant's subjective circumstances warranted a lesser sentence"]

Ratio Decidendi

The significant disparity between the sentences given to the applicant and his co-offender, despite similar levels of culpability and the applicant's greater assistance and lack of prior convictions, gave rise to a justifiable sense of grievance such that the applicant's sentence should be reduced to ensure parity and justice.

Court Disposition

Leave to appeal granted; appeal allowed; applicant resentenced

Orders

  • ['Leave to appeal is granted' 'Appeal allowed' 'Sentence in the District Court is quashed' 'Applicant is re-sentenced to a non-parole period of 2 years commencing 3 May 2011 and expiring 2 May 2013, and a balance of term of 2 years commencing 3 May 2013 and expiring 2 May 2015']