Regina v Emerson [2000] NSWCCA 271

Regina v Emerson [2000] NSWCCA 271

No error was demonstrated in the sentencing judge's exercise of discretion; while the sentence was severe, it was within the permissible range given the seriousness of the offence and the applicant's extensive criminal record. Disparity between the applicant and his brother's sentences was justified by differences in age and criminal history, and did not give rise to a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
21 June 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
['aggravated Break Enter & Steal' 'severity of Sentence' 'parity of Sentence' 'disparity Between Co Offenders' 'criminal Records']
['criminal Law'] ['aggravated Break Enter & Steal' 'severity of Sentence' 'parity of Sentence' 'disparity Between Co Offenders' 'criminal Records']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly excessive' 'Whether there was a marked disparity between the sentences of co-offenders giving rise to a justifiable sense of grievance']

Ratio Decidendi

No error was demonstrated in the sentencing judge's exercise of discretion; while the sentence was severe, it was within the permissible range given the seriousness of the offence and the applicant's extensive criminal record. Disparity between the applicant and his brother's sentences was justified by differences in age and criminal history, and did not give rise to a justifiable sense of grievance.

Court Disposition

Appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']