Regina v Bellorini and Regina v Ruiz [2000] NSWCCA 50

Regina v Bellorini and Regina v Ruiz [2000] NSWCCA 50

By majority, Dora Bellorini's sentence created a justifiable sense of grievance when compared with Randall Quirk's later and lesser sentence; although her original sentence was not outside range viewed alone, parity required reducing it to the same sentence as Quirk. By majority, Evelyn Ruiz did not establish a justifiable grievance: Silvia Cuadra was entitled to substantial discounts for assistance and voluntary disclosure of an earlier offence, the disparity with Bellorini and the adjusted Bellorini sentence was justified, and no particular sentencing error by Mitchelmore DCJ was shown.

Jurisdiction
Australia
Judgment Date
07 March 2000
Procedural Posture
Criminal Applications for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court
Outcome
In the matter of Bellorini, leave to appeal granted, appeal upheld and sentence quashed; she was re-sentenced. In the matter of Ruiz, leave to appeal granted and, by majority, appeal against sentence dismissed.
Legal Topics
['importation of Prohibited Imports' 'cocaine' 'commercial Quantity' 'parity in Sentencing' 'guilty Plea' 'assistance to Authorities' 'non Parole Period']
['criminal Law' 'sentencing' 'drug Offences'] ['importation of Prohibited Imports' 'cocaine' 'commercial Quantity' 'parity in Sentencing' 'guilty Plea' 'assistance to Authorities' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Applications for Leave to Appeal Against Sentence / New South Wales Court of Criminal Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether Dora Bellorini had a justifiable sense of grievance arising from disparity between her sentence and the sentences imposed on co-offenders Evelyn Ruiz and Randall Quirk.' 'Whether Evelyn Ruiz had a justifiable sense of grievance arising from disparity between her sentence and the sentence imposed on co-offender Silvia Cuadra.' 'Whether the sentencing judge made particular errors in sentencing Evelyn Ruiz.' "Whether Dora Bellorini's possession count represented a fresh disparate criminal venture for sentencing purposes."]

Ratio Decidendi

By majority, Dora Bellorini's sentence created a justifiable sense of grievance when compared with Randall Quirk's later and lesser sentence; although her original sentence was not outside range viewed alone, parity required reducing it to the same sentence as Quirk. By majority, Evelyn Ruiz did not establish a justifiable grievance: Silvia Cuadra was entitled to substantial discounts for assistance and voluntary disclosure of an earlier offence, the disparity with Bellorini and the adjusted Bellorini sentence was justified, and no particular sentencing error by Mitchelmore DCJ was shown.

Court Disposition

In the matter of Bellorini, leave to appeal granted, appeal upheld and sentence quashed; she was re-sentenced. In the matter of Ruiz, leave to appeal granted and, by majority, appeal against sentence dismissed.

Orders

  • ['In the matter of Bellorini: application for leave to appeal against sentence granted.' 'In the matter of Bellorini: appeal against sentence upheld and the sentence imposed in the Court below quashed.' 'In the matter of Bellorini: appellant re-sentenced on Count 1 of the indictment to imprisonment for 8 years,...