G v R [2021] NSWCCA 50

G v R [2021] NSWCCA 50

Although the judge erred in characterising the objective seriousness of the applicant's offending in count 2 as higher than co-offender A, the overall sentence is supported on resentencing because of the applicant's substantial involvement, prior convictions, and lack of a justifiable sense of grievance on parity, thereby justifying the original sentence imposed.

Parties
Applicant: G; Respondent: Regina
Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Criminal Appeal / Leave to Appeal and Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Drug Offences, Procedural Fairness, Parity in Sentencing, Objective Seriousness, Appeals
Criminal Law Sentencing Drug Offences Procedural Fairness Parity in Sentencing Objective Seriousness Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

G

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal and Determination

Legal Issues

  1. 1 Whether the sentencing judge failed to afford procedural fairness in assessing the objective seriousness of the knowingly take part in supply offence
  2. 2 Whether the sentencing judge erred by failing to consider or refer to the offender's oral evidence
  3. 3 Whether the sentencing judge erred in the approach to parity in relation to the aggregate sentence imposed, particularly regarding co-offender 'A'

Ratio Decidendi

Although the judge erred in characterising the objective seriousness of the applicant's offending in count 2 as higher than co-offender A, the overall sentence is supported on resentencing because of the applicant's substantial involvement, prior convictions, and lack of a justifiable sense of grievance on parity, thereby justifying the original sentence imposed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.