LANG, Dylan Craig v R [2013] NSWCCA 29

LANG, Dylan Craig v R [2013] NSWCCA 29

The sentence imposed on the applicant was not manifestly excessive given the objective seriousness of the offences and the applicant's extensive criminal history; any disparity with the co-offender's sentence was justified by significant differences in their personal circumstances, including criminal records, and did not give rise to a justifiable sense of grievance.

Parties
Applicant: Dylan Craig Lang; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sentence Appeal, Manifestly Excessive, Parity Principle, Concurrency of Sentences, Justifiable Sense of Grievance
Criminal Law Sentence Appeal Manifestly Excessive Parity Principle Concurrency of Sentences Justifiable Sense of Grievance

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Parties

Dylan Craig Lang

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the sentence imposed on the applicant was manifestly excessive.
  2. 2 Whether there was a justifiable sense of grievance arising from disparity with the co-offender's sentence.

Ratio Decidendi

The sentence imposed on the applicant was not manifestly excessive given the objective seriousness of the offences and the applicant's extensive criminal history; any disparity with the co-offender's sentence was justified by significant differences in their personal circumstances, including criminal records, and did not give rise to a justifiable sense of grievance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.