Kentwell v Regina [2007] NSWCCA 93

Kentwell v Regina [2007] NSWCCA 93

The differences between the applicant and Mr Tufa, including objective criminality and subjective features, were adequately reflected in the 3 month differential between their sentences; the discrepancy was not marked and did not give rise to a justifiable sense of grievance, so no less severe sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
12 April 2007
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentence' 'parity' 'supply of Prohibited Drug']
['criminal Law'] ['sentence' 'parity' 'supply of Prohibited Drug']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentence imposed on the applicant's co-offender gave rise to a justifiable sense of grievance." 'Whether some other less severe sentence was warranted in law and should have been passed.']

Ratio Decidendi

The differences between the applicant and Mr Tufa, including objective criminality and subjective features, were adequately reflected in the 3 month differential between their sentences; the discrepancy was not marked and did not give rise to a justifiable sense of grievance, so no less severe sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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