EG v Regina [2003] NSWCCA 246

EG v Regina [2003] NSWCCA 246

Although the discount of about twenty-two and a half per cent for the applicant's guilty plea, remorse and assistance was modest and a greater reduction would have been open, the gravity of the large commercial heroin supply offence, the related cocaine offence on the Form 1, and the applicant's managerial and supervisory role in the drug trafficking enterprise meant that no less sentence was warranted in law. Parity did not require intervention because the applicant's role was much more serious than that of the co-offender.

Jurisdiction
Australia
Judgment Date
19 August 2003
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted, appeal dismissed.
Legal Topics
['sentence' 'supply of Heroin' 'supply of Cocaine on Form 1' 'guilty Plea Discount' 'remorse' 'assistance to Authorities' 'parity of Sentence' 'non Parole Period']
['criminal Law'] ['sentence' 'supply of Heroin' 'supply of Cocaine on Form 1' 'guilty Plea Discount' 'remorse' 'assistance to Authorities' 'parity of Sentence' 'non Parole Period']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge gave a sufficient discount for the applicant's plea of guilty, remorse and assistance to authorities." "Whether the applicant's sentence involved unwarranted disparity when compared with the sentence imposed on a co-offender." 'Whether any lesser sentence was warranted in law under s 6(3) of the Criminal Appeal Act.']

Ratio Decidendi

Although the discount of about twenty-two and a half per cent for the applicant's guilty plea, remorse and assistance was modest and a greater reduction would have been open, the gravity of the large commercial heroin supply offence, the related cocaine offence on the Form 1, and the applicant's managerial and supervisory role in the drug trafficking enterprise meant that no less sentence was warranted in law. Parity did not require intervention because the applicant's role was much more serious than that of the co-offender.

Court Disposition

Leave to appeal granted, appeal dismissed.

Orders

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