R v Zibelnik [2002] NSWCCA 317

R v Zibelnik [2002] NSWCCA 317

In view of the objective seriousness of the offence, the sentence was not manifestly excessive and the sentencing judge did not give insufficient weight to the applicant's lack of prior imprisonment. The sentencing difference between the applicant and his brother was justified by differences in attitude and conduct,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Appeal From Sentence Imposed by Morgan DCJ in the District Court at Queanbeyan
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['leave to Appeal Against Sentence' 'manifest Excess' 'parity of Sentence' 'prior Imprisonment' 'non Parole Period' 'aggravated Break, Enter and Commit Serious Indictable Offence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['leave to Appeal Against Sentence' 'manifest Excess' 'parity of Sentence' 'prior Imprisonment' 'non Parole Period' 'aggravated Break, Enter and Commit Serious Indictable Offence']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal; Appeal From Sentence Imposed by Morgan DCJ in the District Court at Queanbeyan

Legal Issues

  1. 1 ['Whether the sentence of five years imprisonment with a non-parole period of three years and eight months was manifestly excessive.' 'Whether insufficient weight was given to the fact that the applicant had not previously been sentenced to a term of imprisonment.' "Whether the difference between the applicant's sentence and his co-offender's sentence infringed the principle of parity."]

Ratio Decidendi

In view of the objective seriousness of the offence, the sentence was not manifestly excessive and the sentencing judge did not give insufficient weight to the applicant's lack of prior imprisonment. The sentencing difference between the applicant and his brother was justified by differences in attitude and conduct, including matters supporting an extended period of supervision on parole for the brother, so the applicant had no legitimate parity grievance.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']