Goundar, Diana v R [2012] NSWCCA 154

Goundar, Diana v R [2012] NSWCCA 154

The sentence imposed on the applicant was manifestly excessive given her low level of objective seriousness in the offending, lack of premeditation, compliance with directions of the principal offender, and the considerable disparity between her sentence and that of her co-offender. The proper starting point for her sentence was lower than the standard non-parole period for murder, warranting resentencing.

Jurisdiction
Australia
Judgment Date
18 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced
Legal Topics
['appeal Against Sentence' 'murder' 'plea of Guilty' 'manifestly Excessive Sentence' 'parity Between Co Offenders']
['criminal Law'] ['appeal Against Sentence' 'murder' 'plea of Guilty' 'manifestly Excessive Sentence' 'parity Between Co Offenders']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the applicant's sentence was manifestly excessive" 'Whether there was a justifiable sense of grievance due to disparity between sentences of co-offenders' 'Assessment of objective criminality']

Ratio Decidendi

The sentence imposed on the applicant was manifestly excessive given her low level of objective seriousness in the offending, lack of premeditation, compliance with directions of the principal offender, and the considerable disparity between her sentence and that of her co-offender. The proper starting point for her sentence was lower than the standard non-parole period for murder, warranting resentencing.

Court Disposition

Leave to appeal granted; appeal allowed; sentence quashed; applicant resentenced

Orders

  • ['Grant leave to appeal out of time and allow the appeal.' 'Quash the sentence imposed upon the applicant by James J on 14 August 2011.' 'In lieu of the sentence imposed by James J, sentence the applicant to a non-parole period of imprisonment of 7 years and 2 months commencing on 23 February 2007 and expiring on 22...