Stepanyan v R [2014] NSWCCA 7

Stepanyan v R [2014] NSWCCA 7

No error was made by the sentencing judge in treating the violence and use of a firearm as aggravating factors, given the intimidation and harm to both the compliant bar manager and the complicit security guard. The disparity in sentence between the applicant and the co-offender was justified by the applicant's more significant role, the addition of a Form 1 offence, and the respective discounts for pleas of guilty. The principle of parity was not breached, and the applicant did not establish a justifiable sense of grievance.

Jurisdiction
Australia
Judgment Date
20 February 2014
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence
Outcome
Leave to appeal allowed; appeal dismissed
Legal Topics
['leave to Appeal Against Sentence' 'robbery Whilst Armed With Dangerous Weapon' 'aggravation by Security Guard Being Shot' 'parity of Sentencing' 'form 1 Offences']
['criminal Law'] ['leave to Appeal Against Sentence' 'robbery Whilst Armed With Dangerous Weapon' 'aggravation by Security Guard Being Shot' 'parity of Sentencing' 'form 1 Offences']

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentence was improperly aggravated by the security guard, a co-offender, being shot' 'Whether the applicant had a justifiable sense of grievance given the degree of disparity in sentence compared to a co-offender']

Ratio Decidendi

No error was made by the sentencing judge in treating the violence and use of a firearm as aggravating factors, given the intimidation and harm to both the compliant bar manager and the complicit security guard. The disparity in sentence between the applicant and the co-offender was justified by the applicant's more significant role, the addition of a Form 1 offence, and the respective discounts for pleas of guilty. The principle of parity was not breached, and the applicant did not establish a justifiable sense of grievance.

Court Disposition

Leave to appeal allowed; appeal dismissed

Orders

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