Regina v Do [2005] NSWCCA 209

Regina v Do [2005] NSWCCA 209

There was no sentencing error or impermissible disparity as the differences in the sentences reflected justified differences in the applicant's and co-offender's criminality and personal circumstances. The absence of a finding of special circumstances for the applicant was not erroneous and did not give rise to a justifiable sense of grievance in light of the material before the Court and established sentencing law.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Judgment
Outcome
Application for leave to appeal is granted but the appeal is dismissed.
Legal Topics
['sentencing' 'parity Between Co Offenders' 'special Circumstances' 'drug Offences']
['criminal Law'] ['sentencing' 'parity Between Co Offenders' 'special Circumstances' 'drug Offences']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 ['Whether there was a disparity between the sentences imposed upon the applicant and a co-offender (Danny Do)' "Whether the sentencing judge erred in failing to find special circumstances in the applicant's case justifying a reduction in the non-parole period"]

Ratio Decidendi

There was no sentencing error or impermissible disparity as the differences in the sentences reflected justified differences in the applicant's and co-offender's criminality and personal circumstances. The absence of a finding of special circumstances for the applicant was not erroneous and did not give rise to a justifiable sense of grievance in light of the material before the Court and established sentencing law.

Court Disposition

Application for leave to appeal is granted but the appeal is dismissed.

Orders

  • []