Stanton v Regina [2008] NSWCCA 326

Stanton v Regina [2008] NSWCCA 326

The disparity in sentences between the applicant and his co-offender resulted from erroneous comparison of the number of offences and improper consideration of charging decisions, leading to a justifiable sense of grievance for the applicant that warrants appellate intervention and adjustment of sentence for parity.

Parties
Applicant: Dennis John Stanton; Respondent: Crown
Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Criminal Appeal / Leave to Appeal Granted, Sentencing Appeal
Outcome
Appeal allowed. Sentences imposed by Payne DCJ quashed; new sentences imposed.
Legal Topics
Sentencing, Co Offenders, Parity, Disparity Between Sentences, Justifiable Sense of Grievance
Criminal Law Sentencing Co Offenders Parity Disparity Between Sentences Justifiable Sense of Grievance

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Parties

Dennis John Stanton

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Granted, Sentencing Appeal

Legal Issues

  1. 1 Whether the disparity between sentences imposed on the applicant and co-offender constitutes a justifiable sense of grievance
  2. 2 Whether appellate intervention is warranted to redress sentence disparity

Ratio Decidendi

The disparity in sentences between the applicant and his co-offender resulted from erroneous comparison of the number of offences and improper consideration of charging decisions, leading to a justifiable sense of grievance for the applicant that warrants appellate intervention and adjustment of sentence for parity.

Court Disposition

Appeal allowed. Sentences imposed by Payne DCJ quashed; new sentences imposed.

Orders

  • Leave to appeal be granted
  • Appeal allowed